Court of Appeal for Ontario
Re: Her Majesty the Queen (Respondent) -and - Lucien Joseph Daniel Goyette (Appellant)
Before: Carthy, Moldaver and Feldman
Counsel: Dragi Zekavica for the appellant Feroza Bhabha for the respondent
Heard: May 16, 2003
On appeal from sentence imposed by Justice Archie Campbell of the Superior Court of Justice on February 15, 2002.
Appeal Book Endorsement
1The offences were extremely serious and given the appellant’s background and history, the trial judge was on solid ground in concluding that a very substantial penitentiary sentence was called for. We are, however, of the view that the sentence imposed (effectively one of 20.5 years) was outside the range of sentences imposed for like offenders in like circumstances. In our view, the appellant deserved a sentence of sixteen years imprisonment less time served (2.5 years). That, we believe, constitutes a fit and just sentence in the circumstances. Accordingly, leave to appeal sentence is granted and the sentence imposed at trial (18 years) is varied to one of 13.5 years.