R. v. Peti

R. v. Peti Collection Decisions of the Court of Appeal Date 2025-07-21 Neutral citation 2025 ONCA 536 Docket numbers COA-25-CR-0504 Judges Fairburn, J. Michal; Trotter, Gary T.; Harvison Young, Alison Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Peti, 2025 ONCA 536 DATE: 20250721 DOCKET: COA-25-CR-0504 Fairburn A.C.J.O., Trotter and Harvison Young JJ.A. BETWEEN His Majesty the King Respondent and Tyson Peti Appellant Ingrid Grant, appearing as duty counsel Étienne Lacombe, for the respondent Heard and released orally: July 14, 2025 On appeal from the sentence imposed by Justice Jason Little of the Ontario Court of Justice on May 2, 2025. REASONS FOR DECISION [1] This is an appeal from sentence. The appellant pled guilty to assault with a weapon, mischief and fail to comply with an undertaking. Both parties went in open on sentence. The Crown’s position of 18 months was imposed by the sentencing judge. [2] While duty counsel makes an interesting argument that the sentencing judge constructively jumped the Crown position on Duncan grounds, the sentencing judge ultimately imposed the exact sentence proposed by the Crown and gave appropriate credit for presentence custody: R. v. Duncan, 2016 ONCA 754. Although the sentencing judge expressed reservations about the leniency of the Crown’s position and considered giving notice to the parties, he did not do so. Instead, he imposed the sentence the Crown asked for. In these circumstances, we see no error in principle as the sentencing judge merely weighed the relevant circumstances differently than the Crown but arrived at the same conclusion. [3] While we recognize and applaud the appellant’s efforts during custody, including the successful completion of numerous programs, we see no basis to interfere with the sentence imposed. It was entirely fit, having regard to numerous factors, including the appellant’s criminal record and the seriousness of the assault with a weapon count involving a crowbar used to attack his neighbour. [4] We acknowledge the appellant’s stated intention to address his substance abuse issues and encourage him to persist in these rehabilitative efforts. [5] Leave to appeal sentence is granted but the sentence appeal is dismissed. “Fairburn A.C.J.O.” “G.T. Trotter J.A.” “A. Harvison Young J.A.”