COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) –and–
JAMES BRADLEY McDONNELL (Appellant)
BEFORE:
CATZMAN, DOHERTY and LASKIN JJ.A.
COUNSEL:
Maureen D. Forestell
for the appellant
Melissa Ragsdale
for the respondent
HEARD:
December 8, 2003
On appeal from the sentence imposed by Justice Cathy Mocha of the Ontario Court of Justice on April 11, 2003.
A P P E A L B O O K E N D O R S E M E N T
1Counsel for the appellant acknowledges that the sentence imposed on the appellant was fit at the time of its imposition. In our view, the further evidence filed by the appellant does not provide a basis for intervention by this court. It is clear from that further evidence that the appellant can serve his sentence without any impairment of his medical condition and treatment. Leave to appeal against sentence is granted, but the appeal against sentence is dismissed.