DATE: 20031201

DOCKET: C40173

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) – and – JOHN VINCENT LAWTON (Appellant)

BEFORE: McMURTRY C.J.O., LASKIN and ROSENBERG JJ.A.

COUNSEL: D. Ducette (Duty Counsel) For the appellant

Mary Ellen Hurman For the respondent

HEARD: November 26, 2003 - Kingston

E N D O R S E M E N T

[1] This was a most serious attack involving a sexual assault of an elderly woman in her own home. The appellant has a record for a similar offence and has engaged in other inappropriate sexual conduct. At this point, he continues to have difficulty accepting responsibility for his actions. The appellant has serious problems and obviously requires treatment.

[2] The sentence in this case was imposed in accordance with a joint submission following a partial preliminary inquiry. The trial judge had a complete picture of the circumstances of the offence and the appellant’s background. The joint submission was a proper one and we see no error in principle.

[3] Accordingly, while leave to appeal sentence is granted, the appeal is dismissed.

Signed: “R. Roy McMurtry C.J.O.”

“John Laskin J.A.”

“M. Rosenberg J.A.”