Court of Appeal for Ontario

Date: 2021-06-10 Docket: C67391

Before: Benotto, Trotter and Nordheimer JJ.A.

Between:

Her Majesty the Queen Respondent

and

Raymond Gervais Appellant

Counsel: Raymond Gervais, in person Brian Snell, as duty counsel Nicole Rivers, for the respondent

Heard: June 7, 2021 by videoconference

On appeal from the sentence imposed on July 11, 2019 by Justice Deborah Kinsella of the Ontario Court of Justice.

Reasons for Decision

[1] Mr. Gervais appeals his sentence of four years for assault causing bodily harm.

[2] The appellant attempted to force his way into an apartment in search of a female friend. When the victim blocked his entry, the appellant assaulted him, including kicking the victim in the head while the victim was on the ground, causing severe injuries. The victim was 66 years old at the time. The appellant was 50. The appellant also has a lengthy criminal record.

[3] The appellant submits that the sentencing judge overemphasized denunciation and also failed to respect the “jump” principle. We do not agree.

[4] The sentencing judge considered all of the relevant aggravating and mitigating factors. Her reasons for sentence are well articulated and are entitled to deference. The challenges to the sentencing judge’s reasons do not amount to establishing any error in principle. Further, given the seriousness of the injuries caused and the criminal record of the appellant, the sentence is not demonstrably unfit. Consequently, there is no basis for this court to interfere with the sentence imposed: R. v. Lacasse, 2015 SCC 64, [2015] 3 S.C.R. 1089.

[5] Leave to appeal sentence is granted but the appeal is dismissed.

“M.L. Benotto J.A.”

“Gary Trotter J.A.”

“I.V.B. Nordheimer J.A.”