Court of Appeal for Ontario
Date: 20221011 Docket: C67868
Fairburn A.C.J.O., Huscroft and George JJ.A.
BETWEEN
His Majesty the King Respondent
and
Nicholas Baig Appellant
Counsel: Geoff Haskell, for the appellant Rebecca Schwartz, for the respondent
Heard and released orally: October 4, 2022
On appeal from the sentence imposed on May 2, 2019 by Justice Jocelyn Speyer of the Superior Court of Justice, with reasons reported at 2019 ONSC 2713.
Reasons for Decision
[1] This is an appeal from a 17-year period of parole ineligibility following upon a guilty plea to second degree murder. The appellant alleges two errors in the sentencing judge’s reasons: 1) failing to give sufficient weight to mitigating factors; and 2) imposing a period of parole ineligibility that is demonstrably unfit.
[2] We do not agree. We do not intend to recount the facts in this case, as they were carefully reviewed by the trial judge: 2019 ONSC 2713.
[3] We see no error in principle. The sentencing judge took into account all mitigating factors. How the sentencing judge weighed the mitigating factors, against all of the circumstances, including the significant aggravating factors, is a matter to which we owe deference. In light of all of the circumstances, as carefully reviewed by the sentencing judge, the sentence is entirely fit.
[4] Leave to appeal sentence is granted. The appeal is dismissed.
“Fairburn A.C.J.O.”
“Grant Huscroft J.A.”
“J. George J.A.”



