Court of Appeal for Ontario
Before: Rosenberg, Armstrong and Blair JJ.A.
Between:
Her Majesty The Queen Respondent
and
Nicodemo Catenacci Appellant
Counsel: Julie Santarossa, for the appellant John Neander, for the respondent
Heard and endorsed: March 21, 2012
On appeal from the sentence imposed on May 13, 2011 by Justice Fern M. Weinper of the Ontario Court of Justice, sitting without a jury.
APPEAL BOOK ENDORSEMENT
1We agree with the trial judge that general deterrence and denunciation were the paramount considerations in this case which arose out of the G20 riots. The sentence imposed took adequate account of the appellant’s role in setting fire to the police cruiser and the factors such as his history of addiction and depression. Rehabilitation and the appellant’s personal circumstances were of much reduced significance in this kind of case. The so-called jump principle had no application in this case. This offence was much more serious than the many offences on the appellant’s record.
2However, the restitution order cannot stand. The trial judge made no inquiries as to the appellant’s ability to pay given the appellant’s addiction, his sporadic employment and the type of employment he can obtain, this was not a case for the substantial restitution order. The order might well interfere with the appellant’s rehabilitation.
3Accordingly, leave to appeal is granted, the appeal is allowed and the restitution order is struck out. In all other respects, the sentence appeal is dismissed.
