COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – MARK NORBERT HYLTON (Appellant)
BEFORE:
SIMMONS, CRONK and MacFARLAND JJ.A.
COUNSEL:
Leslie Maunder
for the appellant
Lisa Mathews
for the respondent
HEARD & RELEASED ORALLY:
May 25, 2005
On appeal from the sentence imposed by Justice J. McGarry of the Superior Court of Justice on April 13, 2004.
A P P E A L B O O K E N D O R S E M E N T
1The circumstances of this case clearly required that the trial judge give serious consideration to a conditional sentence. On our review of the trial judge’s reasons, we are not persuaded that he did so; rather, he simply indicated his preference for a custodial sentence.
2The appeal is allowed and the sentence imposed by the trial judge is set aside and a conditional sentence of 30 days, on the statutory terms, with credit for time served is substituted in its place.