DATE: 20020312 DOCKET: C35439
COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) - and - KEN MYERS (Appellant)
BEFORE:
ABELLA, GOUDGE and SIMMONS JJ.A.
COUNSEL:
Catherine Glaister
For the appellant
Stacey D. Young
For the respondent
HEARD:
March 7, 2002
RELEASED ORALLY:
March 7, 2002
On appeal from the sentence imposed by Justice Kenneth Langdon on May 8, 2000.
E N D O R S E M E N T
[1] There is no doubt that the sentence is a substantial one, but given the particularly brutal nature and the duration of the assault, we are not prepared to say it is unfit in the circumstances. Nor can it be said that Langdon J. took insufficient account of the appellant’s personal circumstances. On the contrary, he made specific reference to them and properly balanced them with the principles of denunciation and deterrence. The fresh evidence reveals some progress which is expected to continue, but it does not undermine the conclusion that the sentence imposed by Langdon J. was fit.
[2] Leave to appeal sentence granted but the appeal is dismissed.
Signed: “R.S. Abella J.A.”
“S.T. Goudge J.A.”
“Janet Simmons J.A.”