COURT OF APPEAL FOR ONTARIO
Goudge, MacPherson and Juriansz JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Lyle Niemi
Appellant
Sarah J. Bagnall, for the appellant
Howard Piafsky, for the respondent
Heard: February 27, 2012
On appeal from the sentence imposed on July 3, 2008 by Justice Margaret Eberhard of the Superior Court of Justice, sitting with a jury.
APPEAL BOOK ENDORSEMENT
1The trial judge found that the appellant was a willing participant in a pre-existing scheme to import a very large quantity of cocaine and hashish. There was ample evidence for this finding. Indeed it is implicit in his conviction.
2Given the nature of the scheme, the role of the appellant as pilot and the amounts involved, the need for deterrence and denunciation fully justifies the sentence. It is not unfit.
3Nor is it an error in principle, in these circumstances for the sentence to be imposed with no evidence of extra monetary gain by the appellant. The sentence is imposed not to deter importing as a business venture but because of the extraordinary damage done by the drugs being imported.
4The sentence appeal is dismissed.
