Court of Appeal for Ontario
BEFORE: Rosenberg, Gillese and Hoy JJ.A.
BETWEEN
Her Majesty The Queen
Respondent
and
Michael Madden
Appellant
COUNSEL:
Richard Litkowski, for the appellant
J. Sandy Tse, for the respondent
Heard and endorsed: April 17, 2012
On appeal from sentence imposed by Justice Joe De Filippis of the Ontario Court of Justice, dated November 24, 2011.
APPEAL BOOK ENDORSEMENT
1In our view, the trial judge did not err in principle in rejecting the joint submission. It was open to the trial judge to find that the proposed sentence was contrary to the administration of justice. The appellant was serving an intermittent sentence with respect to an offence involving this same victim when he committed this offence. As the trial judge observed, specific deterrence was an overwhelming consideration and would not have been achieved by the joint submission. Saving the victim from having to testify was an important consideration but it could not justify the sentence that was proposed in this case.
2While leave to appeal sentence is granted, the appeal is dismissed.
