COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) –and– ROBERT INNES (Appellant)
BEFORE:
McMURTRY C.J.O., FINLAYSON and LABROSSE JJ.A.
COUNSEL:
Delmar Doucette, for the appellant
Alexander Hrybinsky, for the respondent
HEARD:
March 20, 2001
On appeal from the sentence imposed by Justice Karen E. Johnston dated October 6, 2000.
O R A L E N D O R S E M E N T
1The sentence would be high for a first offence of domestic violence but the appellant, now aged only 30, has an horrific criminal record for violence against women. This, coupled with a similarly poor record for non-compliance with court orders relating to compliance with recognizances, terms of probation and one of failure to comply with a disposition, merit the sentence of 18 months imprisonment.
2Additionally, the pre-sentence report states that the appellant presents a very high risk to re-offend. He would benefit, as mentioned by the trial judge, from all programs available to him during his period of incarceration.
3Leave to appeal sentence is granted but the appeal is dismissed.
Signed: "R.R. McMurtry C.J.O."
"G.D. Finlayson J.A."
"J.M. Labrosse J.A."