COURT OF APPEAL FOR ONTARIO CITATION: R. v. Charizanis, 2024 ONCA 62 DATE: 20240126 DOCKET: COA-23-CR-0517 Doherty, Pepall and Dawe JJ.A. BETWEEN His Majesty the King Respondent and David Charizanis Appellant Michelle Psutka, for the appellant Samuel Mazzuca, for the respondent 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.”