DATE: 20030912
DOCKET: C39512
COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) –and– ERIK JOHANES LIIKANE (Applicant/Appellant)
BEFORE:
CATZMAN, ABELLA and GILLESE JJ.A.
COUNSEL:
Mitchell Eisen for the applicant/appellant
Mary Ellen Hurman for the respondent
HEARD & ENDORSED:
September 12, 2003
On appeal from the sentence imposed by Justice Gary V. Palmer of the Ontario Court of Justice on January 16, 2003.
APPEAL BOOK ENDORSEMENT
1The trial judge gave careful and extensive reasons in which he considered, but rejected on the facts of this case, the propriety of a conditional sentence. He made no error in principle or any error that would warrant appellate intervention. This was a serious offence, involving the threat of a knife against a vulnerable victim.
2Leave to appeal against sentence is granted but the appeal against sentence is dismissed.