Court of Appeal for Ontario
LASKIN, MOLDAVER and ROULEAU JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
ALAIN LEMIEUX
Appellant
Karin S. Stein for the appellant
Michelle Campbell for the respondent
Heard: November 23, 2007
On appeal from the sentence imposed on March 1, 2007 by Justice David W. Dempsey of the Ontario Court of Justice, sitting without a jury.
APPEAL BOOK ENDORSEMENT
1The trial judge gave thorough and balanced reasons for the sentence he imposed. In our view, the sentence was fit and disclosed no error in principle.
2Although it might have been preferable had the trial judge made the sentence for the conviction under s. 345 of the Code concurrent instead of consecutive, his failure to do so caused no prejudice. The trial judge merely broke down the sentences for each offence after determining that a global sentence of eighteen months on top of the five months credit for pre-trial custody was appropriate.
3The appeal is dismissed.