DATE: 20030821

DOCKET: C39670

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Applicant/Appellant) – and – DAVID KISSONDATH (Respondent)

BEFORE:

DOHERTY, CHARRON and ARMSTRONG JJ.A.

COUNSEL:

Randy Schwartz

for the appellant

Michael Lacy

for the respondent

HEARD:

August 21, 2003

On appeal from the judgment of Russell J. Otter of the Ontario Court of Justice dated January 17, 2003.

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

[1] The two-year sentence imposed at trial was demonstrably unfit. The trial judge also erred in principle in discounting the importance of specific deterrence because it had not worked in the past with this offender.

[2] The frauds were serious, sophisticated, numerous and committed while the respondent was on parole for other very serious frauds for which the respondent had received a four and a half year sentence.

[3] The respondent pled guilty to the charges and saved the state considerable expense, but the genuineness of his remorse is doubtful. Greed appears to have been the primary, if not the only, motivation for the crime.

[4] A fit sentence is five years. Having regard to the pre-trial custody (the equivalent of 16 ½ months) we would impose a sentence of 43 months.

[5] A warrant may issue for the arrest of the respondent if necessary.

“D. Doherty. J.A.”