COURT OF APPEAL FOR ONTARIO

DATE: 20030624

DOCKET: C38435

RE: HER MAJESTY THE QUEEN (Respondent) v. STEPHEN GILL (Appellant)

BEFORE: DOHERTY, ROSENBERG and ARMSTRONG JJ.A.

COUNSEL:

James A. Ermacora for the appellant

C. Tier for the respondent

HEARD & ENDORSED: May 30, 2003

On appeal from the sentence imposed by Justice N.S. Douglas of the Superior Court of Justice on February 20, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] A conditional sentence was not appropriate given the seriousness of the offences and the appellant’s demonstrated disregard for the spirit, if not the letter of court orders.

[2] The sentence was not manifestly unfit. The offences were serious and terrorized the appellant’s former wife and many people around her, including school officials and family court personnel.

[3] The post-sentence report is equivocal and provides no basis upon which to interfere with the sentence imposed.

[4] The appeal is dismissed.