Court of Appeal for Ontario

Date: 2019-10-01 Docket: C66815

Judges: Rouleau, Trotter and Harvison Young JJ.A.

Between

Her Majesty the Queen Respondent

and

Andre Lawrence Appellant

Counsel

Brian Snell, duty counsel Andre Lawrence, in person Michael Fawcett, for the respondent

Heard: September 30, 2019

On appeal from the sentence imposed on February 28, 2019 by Justice Paul Monahan of the Ontario Court of Justice.

Appeal Book Endorsement

[1] The appellant argues that the sentence is too harsh. Duty counsel on his behalf argues that the sentencing judge effectively double counted by treating offence elements as aggravating factors resulting in an excessive sentence. He also argues that insufficient weight was placed on the plea of guilty.

[2] The sentencing judge set a global sentence for all the offences. In our view, the sentence of 46 months less pre-sentence custody credited at 660 days was fit in the circumstances. The appellant pled guilty to three robberies. The victims were vulnerable businesses. In one case, he showed a knife and in another, threatened bodily harm. His face was masked in all three. The appellant has a long criminal record albeit not involving prior robberies.

[3] In these circumstances, we agree that the sentencing judge was correct in emphasizing general deterrence and denunciation and he arrived at a fit sentence. As a result, leave to appeal sentence is granted but the appeal is dismissed.