COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Appellant) –and- CRAIG HUNDA (Respondent)
BEFORE:
LABROSSE, CRONK and ARMSTRONG JJ.A.
COUNSEL:
Joseph Perfetto
for the appellant
Karen Bellinger
for the respondent
HEARD & ENDORSED:
January 18, 2007
On appeal from the sentence imposed by Justice William F. Fitzgerald of the Ontario Court of Justice, on February 21, 2006.
A P P E A L B O O K E N D O R S E M E N T
1We agree with the Crown that the facts of this case did not support the imposition of a conditional sentence in light of the serious nature of the offences and the horrendous criminal record of the respondent. The longest sentence he had previously served was 9 months.
2On the date he was sentenced, the respondent had been in custody for 7½ months for which he should receive a 2 for 1 credit. In addition, he has now served his 7 months conditional sentence.
3In the circumstances, he has served the equivalent of 22½ months. It would not be in the interest of justice to further incarcerate the respondent at this time.
4The appeal is dismissed.