COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Applicant/Appellant) -and- PHILIP ZELLMAN (Respondent)
BEFORE:
LABROSSE, MacPHERSON and CRONK JJ.A.
COUNSEL:
Grace Choi
for the appellant
Robert Upsdell
for the respondent
HEARD AND ENDORSED:
October 14, 2004
On appeal from the sentence imposed by Justice William A. Jenkins of the Superior Court of Justice, sitting without a jury, on February 27, 2004.
A P P E A L B O O K E N D O R S E M E N T
1At the outset, we wish to state that, in our view, the appellant was solely responsible for these offences. The offences were serious and required an appropriate sentence.
2The sentence of 8 months plus the equivalent of 10 months (2-to-1) of pre-trial custody, plus a reasonable credit for the pre-trial bail equivalent to house arrest for 10 months, brings the sentence to the equivalent of a penitentiary term.
3The total sentence would still be lenient and at the low end of the range.
4The fresh evidence indicates that the appellant has resumed looking after his son and has found employment.
5In our view, the sentence, looked at in its entirety, is not so inadequate that we should interfere. It would not be in the interest of justice, in the circumstances, to send the appellant back to jail for a third time as a result of these offences.
6The appeal is dismissed.