DATE: 20031007

DOCKET: C39483

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Appellant) v. JOHN MACIEL (Respondent)

BEFORE:

McMURTRY C.J.O., GOUDGE AND SIMMONS JJ.A.

COUNSEL:

Christine Tier

for the appellant on sentence appeal

Richard Litkowski

for the respondent on sentence appeal

HEARD & ENDORSED:

October 7, 2003

On appeal from the conviction dated October 3 2002 and the sentence dated January 8, 2003 by The Honourable Justice J. Hamilton of the Superior Court of Justice.

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

[1] In our view, the sentence imposed of one year was inadequate given the respondent’s lengthy criminal record. However, this court has generally been reluctant to re-incarcerate an offender who has served the custodial portion of his sentence, being some eight months in this case.

[2] In our view, the circumstances here do not warrant the respondent’s re-incarceration.

[3] Leave to appeal allowed but the appeal is dismissed.