DATE: 20030911
DOCKET: C38583

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Appellant) - and - BRANDON MARINI (Respondent)

BEFORE:

CARTHY, DOHERTY AND SHARPE JJ.A.

COUNSEL:

Susan Chapman and Michael Dineen for the appellant

Michael A. Moon for the respondent

HEARD & ENDORSED:

September 5, 2003

On appeal from the sentence imposed by Justice Brian Trafford of the Superior Court of Justice dated June 26, 2002.

APPEAL BOOK ENDORSEMENT

[1] This offence was serious and the sentence was light. However, the pre-sentence report was very favourable and we are not prepared to interfere with the trial judge's exercise of discretion in imposing a conditional sentence. Nor would we alter the terms thereof. The appeal is dismissed.