DATE: 20040405

DOCKET: C40481

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – JAMES NESHAWABIN (Appellant)

BEFORE:

GOUDGE, SHARPE AND CRONK JJ.A.

COUNSEL:

Jennifer Tremblay-Hall

for the appellant

Eric Siebenmorgen

for the Crown, respondent

HEARD & ENDORSED:

April 1, 2004

On appeal from the sentence imposed by Justice C. Bruce Noble of the Superior Court of Justice dated July 22, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] In our view the trial judge could properly find that the 2 week pre-trial custody did not relate to this charge. Moreover he was clearly aware that this was a guilty plea and that the offender was an aboriginal person. However, this was a serious offence and given its circumstances we cannot find the sentence to be unfit.

[2] Leave to appeal sentence is granted but the appeal is dismissed.