Court File and Parties

Court File No. C 37012

COURT OF APPEAL FOR ONTARIO

B E T W E E N :

HER MAJESTY THE QUEEN Respondent

and

STEVEN SHULTZ Appellant

Heard: In writing

Reasons for Decision

BY THE COURT:

[1] The appellant appeals in writing from the sentence imposed by Valin J. on September 6, 2001, following his convictions on charges of breach of recognizance contrary to s. 145 of the Criminal Code, failing to comply with a recognizance contrary to s. 811 of the Criminal Code and unlawful entry into a dwelling house. The grounds of appeal include, incompetence of counsel, failure to take into account pre-trial custody, breach of the right to a speedy trial and that the sentence is excessive.

[2] There is no merit to this appeal. The trial judge clearly took into account the pre-trial custody. On the unlawful entry charge he, in effect, sentenced the appellant to “time served” and a period of probation. The trial judge described that offence as involving “horrific and traumatic” violence.

[3] With respect to the two charges of breach of recognizance, the appellant states that the sentence imposed was 150 days. In fact, the trial judge only imposed a sentence totalling 60 days (30 days on each count consecutive) consecutive to a sentence imposed on July 12, 2001 for assault causing bodily harm.

[4] There is nothing in the material filed by the appellant to substantiate his claim of incompetency of counsel or that his right to a trial within a reasonable time was violated.

[5] Leave to appeal sentence is refused.

Signed by: "Rosenberg J.A." Signed: February 11, 2002

"Doherty J.A"

"Laskin J.A."