COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Respondent) v. HAROLD JUDD (Appellant)
BEFORE: McMurtry C.J.O., Doherty and Lang JJ.A.
COUNSEL: Howard Borenstein for the appellant Kenneth L. Campbell for the respondent
HEARD & ENDORSED: September 17, 2004
On appeal from the sentence imposed by Justice W. B. Trafford of the Superior Court of Justice dated November 1, 2002.
A P P E A L B O O K E N D O R S E M E N T
1The trial judge is entitled to considerable deference. He considered the appellant’s low range of mental functioning but found that it did not detract from the appellant’s moral culpability.
2The trial judge did reduce the sentence by one year in recognition that incarceration would be more difficult for the appellant.
3In our view, the sentence was a fit one. Leave to appeal sentence is granted but the appeal is dismissed.