DATE: 20040323

DOCKET: C37263

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – DEAN JOHN DUHAMEL (Appellant)

BEFORE:

LASKIN, ROSENBERG JJ.A. and BENOTTO J. (ad hoc)

COUNSEL:

Michael W. Lacy

for the appellant

Alison Hurst

for the respondent

HEARD & ENDORSED:

March 19, 2004

On appeal from the sentence imposed by Justice Sally Marin of the Ontario Court of Justice dated April 2, 2001.

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

[1] Despite Mr. Lacy’s excellent argument we are not persuaded that the sentence is demonstrably unfit. Eight robberies of financial institutions committed while the appellant was on parole for the same offence coupled with the appellant’s lengthy record justified the sentence imposed by the trial judge.

[2] In our view, the post sentence report does not alter the fitness of the sentence. Moreover, much of the information in the report was before the trial judge and referred to in her reasons. Though leave to appeal sentence is granted, the sentence appeal is dismissed.