COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – CHARLES FORMOSA (Applicant/Appellant)
BEFORE:
DOHERTY, LASKIN and ARMSTRONG JJ.A.
COUNSEL:
Christopher D. Hicks
for the appellant
Jeanette Gevikoglu
for the respondent
HEARD AND ENDORSED:
December 7, 2006
On appeal from the conviction entered and the sentence imposed by Justice Stone of the Ontario Court of Justice on January 25, 2006.
A P P E A L B O O K E N D O R S E M E N T
1In this case, the trial judge imposed a driving prohibition of two years as part of a sentence for Dangerous Driving. The appellant had no prior criminal record and no prior driving record was put before the court.
2He has a family and is self-employed as the owner of two French fried chip trucks. The two year prohibition, on the fresh evidence admitted on consent, will force him to sell his business. At 54 years of age, the prospect of other employment is questionable.
3In all the circumstances, we are of the view that the two year driving prohibition order is a particular hardship for the appellant. It is therefore our opinion that the trial judge’s order is excessive. We would reduce it to one year.