DATE: 20030911
DOCKET: C39481
COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Applicant/Appellant) v. J.R. (Respondent)
BEFORE:
CARTHY, DOHERTY and SHARPE JJ.A.
COUNSEL:
Leslie Paine for the appellant
John Hale for the respondent
HEARD & ENDORSED:
September 5, 2003
On appeal from sentence imposed by Justice Cusson dated January 9, 2003.
APPEAL BOOK ENDORSEMENT
1In our view, the total sentence imposed (2 ½ years) was in all of the circumstances demonstrably unfit. The offences were very serious and considered together required the imposition of a lengthy penitentiary term. While the respondent's conduct in the twenty years between the offences and his arrest demonstrates that he poses little risk of re-offending, the passage of time does not diminish the need for a denunciatory sentence given the seriousness of these crimes.
2In our view, a total sentence of 4 ½ years would have the required denunciatory effect and also recognize the respondent's positive lifestyle since he committed these crimes. We would make the sentences imposed at trial consecutive for a total sentence of 4 ½ years.