COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Appellant) – and – RICHARD RACICOT (Respondent)
BEFORE: LASKIN, FELDMAN and BLAIR JJ.A.
COUNSEL:
Joan Barrett
for the appellant
Oliver Abergel
for the respondent
HEARD & ENDORSED: May 13, 2004
On appeal from the sentence imposed by Justice W. D. Chilcott of the Superior Court of Justice, sitting without a jury, dated June 25, 2003.
A P P E A L B O O K E N D O R S E M E N T
1The sentence was undoubtedly at the bottom end of the range. However, the trial judge, who had the advantage of seeing the respondent, had valid reasons why he imposed such a low sentence. But even assuming that the sentence was unfit when imposed, we do not consider that it is in the interests of justice to now re-incarcerate the respondent.
2In so holding, we take into account the very positive post-sentence report, the respondent’s youthfulness and the importance of rehabilitation. Accordingly, though leave to appeal sentence is granted, the sentence appeal is dismissed.