DATE: 20030912
DOCKET: C39512

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) –and– ERIK JOHANES LIIKANE (Applicant/Appellant)

BEFORE:

CATZMAN, ABELLA and GILLESE JJ.A.

COUNSEL:

Mitchell Eisen for the applicant/appellant

Mary Ellen Hurman for the respondent

HEARD & ENDORSED:

September 12, 2003

On appeal from the sentence imposed by Justice Gary V. Palmer of the Ontario Court of Justice on January 16, 2003.

APPEAL BOOK ENDORSEMENT

[1] The trial judge gave careful and extensive reasons in which he considered, but rejected on the facts of this case, the propriety of a conditional sentence. He made no error in principle or any error that would warrant appellate intervention. This was a serious offence, involving the threat of a knife against a vulnerable victim.

[2] Leave to appeal against sentence is granted but the appeal against sentence is dismissed.