Court of Appeal for Ontario

Date: 2019-10-25 Docket: C62767

Judges: Simmons, Watt and Miller JJ.A.

Between

Her Majesty the Queen Respondent

and

Peter Kupec Appellant

Counsel

Brian Weingarten, for the appellant

Kelly Simpson, for the respondent

Hearing and Appeal

Heard: October 21, 2019

On appeal from the sentence imposed on June 27, 2016 by Justice John Desotti of the Superior Court of Justice.

Appeal Book Endorsement

[1] Even assuming the trial judge made the error alleged by referring to the impugned aggravating factor in our view it had no impact on the global sentence imposed.

[2] Given the appellant's lengthy record, the circumstances of the offences and their catastrophic impact the ten-year two-month sentence was entirely fit. It was not an error to impose consecutive sentences for arson causing bodily harm and arson causing property damage as they involve different elements.

[3] Leave to appeal sentence is granted and any victim fine surcharge is set aside. Appeal is otherwise dismissed.