DATE: 20030905 DOCKET: C38927

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) and MARC GABRIEL RIZEK (Appellant)

BEFORE:

CARTHY, DOHERTY AND SHARPE JJ.A.

COUNSEL:

John M. Rosen and Anik Morrow for the appellant

Randy Schwartz for the respondent

HEARD & ENDORSED:

September 4, 2003

On appeal from the sentence imposed by Justice Joseph Quinn of the Superior Court of Justice dated May 27, 2002.

APPEAL BOOK ENDORSEMENT

[1] It was open to the trial judge to note the difference between the two accused persons, that is the use of the weapon while prohibited, and he was justified in increasing the sentence on that account. Appeal dismissed.