DATE: 20050628

DOCKET: C41644

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) – and – RONALD EDWARD LEA (Applicant/Appellant)

BEFORE: SHARPE, BLAIR and MacFARLAND JJ.A.

COUNSEL:

Janet Howard for the appellant

Kenneth L. Campbell for the Crown

HEARD & ENDORSED: June 23, 2005

On appeal from the sentence imposed by Justice Marshall of the Ontario Court of Justice April 2, 2004.

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

[1] The appellant submits that the trial judge erred in principle by effectively excluding from consideration the possibility of a conditional sentence. The trial judge found that in view of the nature and very large quantity of child pornography in the appellant’s possession, the considerations of denunciation and deterrence were paramount and she sentenced the appellant to six months imprisonment. As we read her reasons, the trial judge did take into account the appellant’s individual circumstances, his guilty plea, his remorse and the risk that incarceration could be counter-productive from the perspective of rehabilitation. We cannot say that she erred in principle in finding that a period of incarceration was required for this offence. Leave to appeal sentence granted but the sentence appeal is dismissed. Respondent’s supplementary appeal book, filed with us as a sealed package, to remain sealed.