DATE: 20020924
DOCKET: C38297

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Applicant/Appellant) v. RODOLPHO AQUINO (Respondent)

BEFORE: O’CONNOR A.C.J.O., CRONK and ARMSTRONG JJ.A.

COUNSEL:
Philip Downes, for the appellant
Joseph Wilkinson, for the respondent

HEARD: September 19, 2002

ORALLY RELEASED: September 19, 2002

On appeal from the sentence imposed by Justice Robert Scott on May 8, 2002.

E N D O R S E M E N T

[1] [1] The respondent concedes that the sentence of 18 months imprisonment fell below the acceptable range for this type of offence. Taking into consideration the serious stroke suffered by the respondent after the imposition of sentence, the Crown submits that the appropriate range is 3 to 5 years. We agree. Given the extremely serious circumstances underlying the offence, it is our view that a term of imprisonment of 4 years is the appropriate sentence.

[2] [2] The respondent is seriously disabled and will require special care and rehabilitative therapy for the duration of the time he will spend in custody. The correctional authorities are obliged under the Corrections and Conditional Release Act to provide inmates with essential health care. For that purpose, the respondent should be assessed immediately and appropriate steps taken to provide the proper medical care, including the rehabilitative treatment which the evidence indicates that the respondent requires.

[1] [3] In the result, the application for leave to appeal the sentence is granted, the appeal is allowed, and the sentence is varied to be one of 4 years imprisonment.

“Dennis O’Connor A.C.J.O.”

“E.A. Cronk J.A.”

“Robert P. Armstrong J.A.”