Court of Appeal for Ontario
Before: Doherty, Pepall and Tulloch JJ.A.
Between:
Her Majesty the Queen
Respondent
and
Thomas Winterton
Appellant
Counsel:
Paolo Giancaterino, for the appellant
Kevin Rawluk, for the respondent
Heard: September 22, 2014
On appeal from the sentence imposed on January 15, 2014 by Justice N. Jane Wilson of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1We see no error in principle in the sentence imposed. The trial judge did take into account the appellant’s changed circumstances. She also, however, took into account the appellant’s record, the nature of the offences and the fact that the appellant had absconded.
2The trial judge ultimately determined that a balancing of those factors required a short, sharp period of incarceration. She made no error in coming to that conclusion.
3We agree with Crown counsel’s submission that the fact that a different trial judge imposed a conditional sentence on similar charges, also committed before the appellant absconded, does not mean that the sentence imposed by the trial judge was unfit. Different judges can properly impose different sentences in the same circumstances. The propriety of the sentence imposed by the other trial judge is, of course, not before us.
4The appeal is dismissed.