Court File and Parties
COURT OF APPEAL FOR ONTARIO
BEFORE: Moldaver, Armstrong and Rouleau JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
And
Craig Level
Applicant/Appellant
COUNSEL: Nicholas A. Xynnis, for the applicant/appellant Emile Carrington, for the respondent
HEARD: November 9, 2010
On appeal from the sentence imposed by Justice John F. Hamilton of the Superior Court of Justice dated October 25, 2004.
APPEAL BOOK ENDORSEMENT
1The equivalent three year sentence was entirely fit for the two serious sexual assaults committed by the appellant.
2The reduction sought for immigration purposes is unwarranted. The fresh evidence on appeal indicates that the appellant suffers from schizophrenia, that he is doing well and has not committed further offences in the six years from the time of sentence. There is some concern about the availability of appropriate treatment in Jamaica. These are matters that the immigration officials will no doubt take into account.
3Leave to appeal sentence is granted but the appeal from sentence is dismissed.