DATE: 20031212

DOCKET: C39858

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) –and–

JAMES BRADLEY McDONNELL (Appellant)

BEFORE:

CATZMAN, DOHERTY and LASKIN JJ.A.

COUNSEL:

Maureen D. Forestell

for the appellant

Melissa Ragsdale

for the respondent

HEARD:

December 8, 2003

On appeal from the sentence imposed by Justice Cathy Mocha of the Ontario Court of Justice on April 11, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] Counsel for the appellant acknowledges that the sentence imposed on the appellant was fit at the time of its imposition. In our view, the further evidence filed by the appellant does not provide a basis for intervention by this court. It is clear from that further evidence that the appellant can serve his sentence without any impairment of his medical condition and treatment. Leave to appeal against sentence is granted, but the appeal against sentence is dismissed.