Court of Appeal for Ontario

Date: 2025-09-17 Docket: COA-25-CR-0114

Judges: Simmons, Monahan and Pomerance JJ.A.

Between

His Majesty the King Respondent

and

Jessy Muir Appellant

Counsel

Jessy Muir, appearing in person Lynda Morgan, as duty counsel Étienne Lacombe, for the respondent

Heard: September 9, 2025

On Appeal

On appeal from the conviction entered by Justice Elaine A. Ann Burton of the Ontario Court of Justice, on January 8, 2025, and from the sentence imposed on January 8, 2025.

Reasons for Decision

[1] The appellant was convicted of sexual interference and breach of probation. He was sentenced to 30 months in custody less 7 months credit for presentence custody and onerous bail conditions, to be followed by 18 months' probation. At the hearing he sought leave to appeal sentence on the basis that the trial judge erred in failing to impose a conditional sentence. His conviction appeal is proceeding separately as a solicitor appeal.

[2] The appellant has failed to demonstrate any error in principle on the part of the sentencing judge. For purposes of the sentence appeal, we must presume the convictions to be valid. The appellant exploited his relationship with a vulnerable young person, to whom he owed a duty of trust, for his own sexual gratification. There were no exceptional circumstances that would permit imposition of a conditional sentence: R. v. M.M., 2022 ONCA 441 at para. 16. The sentencing judge expressly considered the relevant aggravating and mitigating factors, including the appellant's business activities. The sentence fell within the applicable range and we see no basis for appellate intervention.

[3] Accordingly leave to appeal sentence is granted, but the sentence appeal is dismissed.

Janet Simmons J.A.

P.J. Monahan J.A.

R. Pomerance J.A.

Publication Ban

[1] This appeal is subject to a publication ban pursuant to s. 486.4 of the Criminal Code, R.S.C. 1985, c. C-46.