COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – EDWARD DEAN CLARE (Appellant)
BEFORE:
MACPHERSON, SHARPE and CRONK JJ.A.
COUNSEL:
Jennifer A. Y. Trehearne
for the appellant
David Rowcliffe
for the respondent
HEARD & ENDORSED:
February 22, 2007
On appeal from the sentence imposed on April 10, 2006 by Justice J. Stephen O'Neill of the Superior Court of Justice.
A P P E A L B O O K E N D O R S E M E N T
1The trial judge gave thorough reasons for the sentence he imposed on the appellant. However, on the basis of the fresh evidence only – namely, the appellant’s testimony in a murder case, which was both difficult and important to the result, and the difficult circumstances of his incarceration (protective custody twenty-three and a half hours per day) – we would allow the appeal and reduce the sentence to time served.