Court of Appeal for Ontario
Date: 2024-01-26 Docket: COA-23-CR-0517
Before: Doherty, Pepall and Dawe JJ.A.
Parties
BETWEEN
His Majesty the King Respondent
and
David Charizanis Appellant
Counsel
Michelle Psutka, for the appellant Samuel Mazzuca, for the respondent
Hearing Details
Heard and released orally: January 24, 2024
On appeal from the sentence imposed by Justice John F. Adamson of the Ontario Court of Justice on January 19, 2023.
Reasons for Decision
[1] We are satisfied that it was open to the trial judge in the circumstances to conclude that a custodial sentence of 12 months was the fit and appropriate sentence.
[2] In his reasons, the trial judge did consider all of the operative principles, including the restraint principle. He also gave the weight he deemed appropriate to the various mitigating factors advanced on behalf of appellant.
[3] The appeal is dismissed.
“Doherty J.A.”
“S.E. Pepall J.A.”
“J. Dawe J.A.”