COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. OLUBAYODE AKINGBESOTE a.k.a. JOSEPH ALAO (Appellant)

BEFORE:

LASKIN, CHARRON & ARMSTRONG JJ.A.

COUNSEL:

Howard C. Rubel

for the appellant

Roger Shallow

for the respondent

HEARD:

April 8, 2002

On appeal from sentence imposed by Ted Matlow J. on October 26, 2001.

E N D O R S E M E N T

Released Orally: April 8, 2002

[1] The appellant appeals his sentence of 18 months on top of one and one-half months of pre-trial custody. He asks for a sentence of 12 months.
[2] This was a sophisticated fraud committed while the appellant was on probation for another crime of dishonesty, uttering a forged document. The appellant also has a record for another fraud and he has shown no remorse for his crimes. In the light of these aggravating circumstances the majority of the court would uphold the sentence imposed by the trial judge. In their view it is not demonstrably unfit.
[3] Laskin J.A. would reduce the sentence to 12 months despite these aggravating factors. In his view, the sentence imposed by the trial judge was unfit, having regard to the recent sentencing decisions of this court.
[4] Accordingly, leave to appeal sentence is granted but the appeal is dismissed.