Court of Appeal for Ontario

Date: 2023-07-19 Docket: COA-22-CR-0023

Before: Fairburn A.C.J.O., Simmons and Trotter JJ.A.

Between: His Majesty the King, Respondent and Mohamed Aden, Appellant

Counsel: Mohamed Aden, acting in person Chris Rudnicki, appearing as duty counsel Erica Whitford, for the respondent

Heard and released orally: July 5, 2023

On appeal from the sentence imposed by Justice Peter Bawden of the Superior Court of Justice on July 15, 2022.

Reasons for Decision

[1] The appellant claims that the trial judge erred by, in essence, imposing a straitjacket on the sentencing process by expressing a starting point for the sentence. We do not read the reasons in this way.

[2] Read in context, the trial judge carefully explained how he arrived at a fit global sentence, one that took into account all mitigating and aggravating circumstances. He then deducted credit for time served, leaving a net sentence of eight years for all the offences for which the appellant was being sentenced. We see no error in this approach.

[3] The appeal is dismissed.

"Fairburn A.C.J.O."

"Janet Simmons J.A."

"G.T. Trotter J.A."