CITATION: R. v. Oladimeji, 2012 ONCA 19 |
DATE: 20120111 |
DOCKET: C54066 |
COURT OF APPEAL FOR ONTARIO |
Winkler C.J.O., Doherty and Goudge JJ.A. |
BETWEEN |
Her Majesty the Queen |
Respondent |
and |
Olayikanmi Oladimeji |
Appellant |
Andrew Furgiuele, for the appellant |
Scott Latimer, for the respondent |
Heard: January 10, 2012 |
On appeal from the sentence imposed by Justice J.C. Moore of the Ontario Court of Justice dated July 15, 2010. |
APPEAL BOOK ENDORSEMENT |
[1] The trial judge misapprehended the evidence. This was not an attack on a stranger as indicated by the trial judge on three occasions in his reasons. The assault occurred in the course of a drug transaction.
[2] The misapprehension of the evidence was material to the determination of the sentence and constitutes an error in principle. We must, therefore, examine the fitness of sentence afresh.
[3] This was a serious assault with a weapon (a brick). The victim suffered injuries of some significance. The appellant has a lengthy record, although his longest prior sentence was a one-year term.
[4] We are satisfied that a sentence of two years, in addition to the four months pre-trial custody, is a fit sentence in the circumstances. The sentence is varied accordingly.