DATE: 20050207
DOCKET: C41998
COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) -and- JAMES ANTHONY GOODCHILD (Appellant)
BEFORE:
LASKIN, ROSENBERG and LaFORME JJ.A.
COUNSEL:
Sam Scratch
for the appellant
Roger Shallow
for the respondent
HEARD AND ENDORSED:
February 3, 2005
On appeal from the sentence imposed by Justice Mary Teresa E. Devlin of the Ontario Court of Justice on January 13, 2004.
A P P E A L B O O K E N D O R S E M E N T
1Even assuming that the Crown and the defence put forward a joint submission for three years in the penitentiary, the trial judge sentenced the appellant to a lesser custodial term. We see no error in that part of her sentence. Although the three-year probationary period is high, in the light of the facts giving rise to this offence, we cannot say that it is unreasonable.
2Accordingly, the sentence appeal is dismissed.