Court File and Parties
COURT OF APPEAL FOR ONTARIO
GILLESE, ARMSTRONG and BLAIR JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
NIMKEE STEVENS
Appellant
Counsel: Jennifer Tremblay-Hall for the appellant C. Jane Arnup for the respondent
Heard: February 28, 2008
On appeal from the sentence imposed by Justice William L. Whalen of the Superior Court of Justice dated April 24, 2006.
APPEAL BOOK ENDORSEMENT
1The appellant seeks to have this court reduce the period of his parole ineligibility from 14 to 10 years on the basis of fresh “Gladue” evidence. In our view, this fresh evidence adds little more than context. The trial judge was fully alive to the appellant’s personal difficult circumstances, including these that flow from his aboriginal status. Nonetheless, after balancing the appropriate considerations, the brutality of the victim’s slow death over a period of hours, with repeated on-going assaults and the indignities perpetrated on the victim after his senseless death, led the sentencing judge to conclude that an increased period of parole ineligibility was warranted. There is no basis on which to interfere with that exercise of discretion.
2Accordingly, leave to appeal sentence is granted but the appeal is dismissed.