DATE: 20010322
DOCKET: C35557
COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) –and– ROBERT INNES (Appellant)
BEFORE:
McMURTRY C.J.O., FINLAYSON and LABROSSE JJ.A.
COUNSEL:
Delmar Doucette, for the appellant
Alexander Hrybinsky, for the respondent
HEARD:
March 20, 2001
On appeal from the sentence imposed by Justice Karen E. Johnston dated October 6, 2000.
O R A L E N D O R S E M E N T
[1] The sentence would be high for a first offence of domestic violence but the appellant, now aged only 30, has an horrific criminal record for violence against women. This, coupled with a similarly poor record for non-compliance with court orders relating to compliance with recognizances, terms of probation and one of failure to comply with a disposition, merit the sentence of 18 months imprisonment.
[2] Additionally, the pre-sentence report states that the appellant presents a very high risk to re-offend. He would benefit, as mentioned by the trial judge, from all programs available to him during his period of incarceration.
[3] Leave to appeal sentence is granted but the appeal is dismissed.
Signed: "R.R. McMurtry C.J.O."
"G.D. Finlayson J.A."
"J.M. Labrosse J.A."