Court File and Parties

Court of Appeal for Ontario Date: 2024-04-12 Docket: COA-23-CR-0406

Before: Benotto, Coroza and Dawe JJ.A.

Between: His Majesty the King Respondent

And: Jason Febbo Appellant

Counsel: Jason Febbo, acting in person Myles Anevich, appearing as duty counsel Owen Goddard, for the respondent

Heard: April 8, 2024

On appeal from the sentence imposed on March 30, 2023 by Justice Fergus ODonnell of the Ontario Court of Justice.

Reasons for Decision

[1] Mr. Febbo was convicted of impaired driving causing bodily harm and failing to stop after an accident. He appeals his sentence of 33 months on the basis that the sentencing judge erred in principle by focusing on general deterrence to the exclusion of restraint.

[2] We do not agree.

[3] The sentencing judge acknowledged that jail is to be used only if and to the extent necessary. His attention to the principle of deterrence and denunciation was not his only focus.

[4] Mr. Febbo seeks clarification with respect to the commencement of his driving prohibition. Pursuant to s. 320.24 of the Criminal Code, the prohibition speaks from the date of the order which is March 30, 2023.

[5] Leave to appeal allowed but the appeal is dismissed.

“M.L. Benotto J.A.”

“S. Coroza J.A.”

“J. Dawe J.A.”