Court of Appeal for Ontario
Before: Rosenberg, Blair and Rouleau JJ.A.
Between:
Her Majesty the Queen (Respondent)
and
Lawrence Curto (Appellant)
Counsel: Neil R. Jones and Crystal E. Tomusiak, for the appellant Eliott Behar, for the respondent
Heard: September 5, 2012
On appeal from the sentence imposed on February 1, 2012 by Justice P.H. Marjoh Agro of the Ontario Court of Justice, sitting without a jury.
Appeal Book Endorsement
1While Mr. Jones has raised some important issues regarding s. 719(3.1) we do not think this is a proper case to deal with those issues, for the following reasons:
The issue was not clearly raised before the trial judge.
There was, accordingly, no information about the impact of the pre-sentence custody on this appellant; and
The impact of the delay on the appellant’s parole eligibility is attenuated in this case as the appellant is to be released on parole today.
2As to the thin-skulled issue, assuming without deciding this was an error, given the seriousness of the assault, we think the sentence was entirely fit. The severity of the injuries was a proper factor to consider.
3Accordingly, while leave to appeal sentence is granted the appeal is dismissed.