COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – R. S. (Appellant)
BEFORE:
CATZMAN, MacFARLAND and ROULEAU JJ.A.
COUNSEL:
Gregory Lafontaine
for the appellant
Tracy Stapleton
for the respondent
HEARD & ENDORSED:
October 21, 2005
On appeal from the sentence imposed by Justice John D.D. Evans of the Superior Court of Justice dated August 15, 2005.
A P P E A L B O O K E N D O R S E M E N T
1The publication ban is to continue.
2Intervention by an appellate court is warranted only where the sentencing judge committed an error in principle, failed to consider a relevant factor, or where the sentence is demonstrably unfit. None of these factors is present in this case and we see no basis on which we can properly interfere with the appellant’s sentence.
3Leave to appeal against sentence is granted but the appeal is dismissed.