COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Appellant) v. JOHN MACIEL (Respondent)
BEFORE:
McMURTRY C.J.O., GOUDGE AND SIMMONS JJ.A.
COUNSEL:
Christine Tier
for the appellant on sentence appeal
Richard Litkowski
for the respondent on sentence appeal
HEARD & ENDORSED:
October 7, 2003
On appeal from the conviction dated October 3 2002 and the sentence dated January 8, 2003 by The Honourable Justice J. Hamilton of the Superior Court of Justice.
A P P E A L B O O K E N D O R S E M E N T
1In our view, the sentence imposed of one year was inadequate given the respondent’s lengthy criminal record. However, this court has generally been reluctant to re-incarcerate an offender who has served the custodial portion of his sentence, being some eight months in this case.
2In our view, the circumstances here do not warrant the respondent’s re-incarceration.
3Leave to appeal allowed but the appeal is dismissed.