COURT OF APPEAL FOR ONTARIO
DOHERTY, JURIANSZ JJ.A. and KENT J. (ad hoc)
BETWEEN:
HER MAJESTY THE QUEEN
Appellant
and
DEREK LORNE CLARK
Respondent
Peter Scrutton for the appellant
Derek Clark appearing in person
Heard: June 13, 2008
On appeal from the sentence imposed by Justice L. Marshall of the Ontario Court of Justice on September 14, 2007.
APPEAL BOOK ENDORSEMENT
1The trial judge had a difficult decision to make. The offence was very serious but the respondent was eighteen years old, had only a minor record for non-violent offences, had a solid work record, and had fully complied with the relatively strict bail terms he was on. The sentence could have been much harsher. However, the trial judge decided that leniency offered the best prospects for the protection of the public. We are not prepared to interfere with that assessment.
2Leave to appeal is granted, but the appeal is dismissed.