DATE: 20030911
DOCKET: C39481

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Applicant/Appellant) v. J.R. (Respondent)

BEFORE:

CARTHY, DOHERTY and SHARPE JJ.A.

COUNSEL:

Leslie Paine for the appellant

John Hale for the respondent

HEARD & ENDORSED:

September 5, 2003

On appeal from sentence imposed by Justice Cusson dated January 9, 2003.

APPEAL BOOK ENDORSEMENT

[1] In our view, the total sentence imposed (2 ½ years) was in all of the circumstances demonstrably unfit. The offences were very serious and considered together required the imposition of a lengthy penitentiary term. While the respondent's conduct in the twenty years between the offences and his arrest demonstrates that he poses little risk of re-offending, the passage of time does not diminish the need for a denunciatory sentence given the seriousness of these crimes.

[2] In our view, a total sentence of 4 ½ years would have the required denunciatory effect and also recognize the respondent's positive lifestyle since he committed these crimes. We would make the sentences imposed at trial consecutive for a total sentence of 4 ½ years.