Court File and Parties
COURT OF APPEAL FOR ONTARIO
Sharpe, Blair and Rouleau JJ.A.
BETWEEN:
Her Majesty The Queen
Respondent
and
Jeremy Molitor
Appellant
Counsel: Anne London-Weinstein for the appellant Gillian Roberts for the respondent
Heard: December 2, 2008
On appeal from the judgment of Justice J.M. Donohue of the Superior Court of Justice dated December 22, 2004.
APPEAL BOOK ENDORSEMENT
1The appellant appeals the 14 year period of parole ineligibility imposed upon his conviction for second-degree murder. It is conceded that the sentence is within the range. This was a brutal murder. We see no error in the thorough reasons of the trial judge. We do not accept the submission that the trial judge’s description of the location of the murder does not correspond with the evidence. Nor do we see any error in the trial judge’s treatment of the appellant’s sexual promiscuity. As we read his reasons, he did not treat that as an aggravating factor. The trial judge did not, in our view, fail to take into account any significant mitigating factor.
2We have reviewed the fresh evidence and we commend the appellant for his rehabilitative efforts but we see no basis to interfere with this sentence.
3Leave to appeal sentence granted but the appeal is dismissed.