Court File and Parties
COURT OF APPEAL FOR ONTARIO
BEFORE: O’Connor A.C.J.O., Rosenberg and Goudge JJ.A.
BETWEEN:
Her Majesty the Queen
Appellant
and
Christopher Dexter
Respondent
COUNSEL:
Daniel Guttman, for the appellant
C. Spettigue, for the respondent
HEARD: February 23, 2009
On appeal from the sentence entered by Justice Zivolak of the Ontario Court of Justice on February 14, 2008.
APPEAL BOOK ENDORSEMENT
1It is now clear that a custodial sentence is required for this kind of offence. The law did not provide that when this sentence was imposed. The trial judge took into consideration a number of relevant factors in imposing sentence. With respect to this appeal, it is important that the twelve-month conditional sentence has now been served successfully. The respondent is a young first offender who suffered from a mental illness. He has addressed his mental problem through the use of prescribed drugs. We are not prepared to interfere.
2Leave to appeal sentence is granted and the appeal is dismissed.
