DATE: 20040615

DOCKET: C40923

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. ALVARO MALICIA (Appellant)

BEFORE:

McMURTRY C.J.O., GILLESE AND BLAIR JJ.A.

COUNSEL:

Christopher Hicks

for the appellant

Joan Barrett

for the respondent

HEARD & ENDORSED:

JUNE 15, 2004

On appeal from the sentence imposed by Justice Hamilton dated January 29, 2003.

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

[1] We are of the opinion that there was no error in principle in the sentence imposed by the trial judge. In the circumstances of this case, we are of the view that the sentence was entirely fit.

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