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R. v. Marini, 2003 CanLII 57421 (ON CA)

September 11, 2003

R. v. Marini, 2003 CanLII 57421 (ON CA)

Case Summary

The Crown appealed the conditional sentence imposed on the respondent, arguing it was too light for a serious offence. The Court of Appeal dismissed the appeal, finding no reason to interfere with the trial judge's exercise of discretion given the very favourable pre-sentence report.

DATE: 20030911
DOCKET: C38583

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Appellant) - and - BRANDON MARINI (Respondent)

BEFORE:

CARTHY, DOHERTY AND SHARPE JJ.A.

COUNSEL:

Susan Chapman and Michael Dineen for the appellant

Michael A. Moon for the respondent

HEARD & ENDORSED:

September 5, 2003

On appeal from the sentence imposed by Justice Brian Trafford of the Superior Court of Justice dated June 26, 2002.

APPEAL BOOK ENDORSEMENT

1This offence was serious and the sentence was light. However, the pre-sentence report was very favourable and we are not prepared to interfere with the trial judge's exercise of discretion in imposing a conditional sentence. Nor would we alter the terms thereof. The appeal is dismissed.