Court of Appeal for Ontario

Date: 2003-05-16

Docket: C37918

Re: Her Majesty the Queen (Respondent) -and - Lucien Joseph Daniel Goyette (Appellant)

Before: Carthy, Moldaver and Feldman

Counsel: Dragi Zekavica for the appellant Feroza Bhabha for the respondent

Heard: May 16, 2003

On appeal from sentence imposed by Justice Archie Campbell of the Superior Court of Justice on February 15, 2002.

Appeal Book Endorsement

[1] The offences were extremely serious and given the appellant’s background and history, the trial judge was on solid ground in concluding that a very substantial penitentiary sentence was called for. We are, however, of the view that the sentence imposed (effectively one of 20.5 years) was outside the range of sentences imposed for like offenders in like circumstances. In our view, the appellant deserved a sentence of sixteen years imprisonment less time served (2.5 years). That, we believe, constitutes a fit and just sentence in the circumstances. Accordingly, leave to appeal sentence is granted and the sentence imposed at trial (18 years) is varied to one of 13.5 years.