COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) –and–
PRZEMYSLAW BANASIK and MICHAL MIODUSZEWSKI (Appellants)
BEFORE:
CHARRON, MOLDAVER and FELDMAN JJ.A.
COUNSEL:
Dana Garrick
for the appellants
Kelly Slate
for the respondent
HEARD:
May 1, 2003
On appeal from the sentence imposed by Justice Norman S. Douglas of the Ontario Court of Justice dated November 21, 2002.
A P P E A L B O O K E N D O R S E M E N T
1In our view, there was an insufficient basis on this record to support the sentencing judge’s finding that this was a “premeditated, planned criminal activity”. It is apparent from his reasons for sentence that this finding formed an important part of the sentencing judge’s decision that a short, sharp term of imprisonment was required to meet the principles of sentencing. In the absence of this aggravating circumstance, we are of the view that the sentence was excessive having regard to the circumstances of each offender.
2Consequently, the appeal is allowed, the sentence is varied to one of time served (9 days, plus the terms of probation).