DATE: 20040713

DOCKET: C40254

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – GORDON WILLIAM JENKINS (Appellant)

BEFORE:

WEILER, SHARPE and SIMMONS JJ.A.

COUNSEL:

Jeffrey Langevin

for the appellant

Thomas D. Galligan

for the respondent

HEARD & ENDORSED:

July 12, 2004

On appeal from the conviction entered by Justice John D. Nadelle of the Superior Court of Justice dated October 15, 2002 and the sentence imposed by Justice Nadelle dated October 28, 2002.

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

[1] This was an appeal from conviction and sentence. The conviction appeal was not pressed in oral argument. In our opinion there was ample evidence to support the conviction and the appeal as to conviction is dismissed.

[2] With respect to the sentence appeal, the custodial portion of the sentence has been served. This is the portion of sentence with regard to which submissions were made, although that portion of the sentence having been served it is moot. In any event, the sentence is not outside the range and we see no error in principle. The appellant breached his probation in a calculated and escalating manner. He exposed personal information about the victim that she wished to keep secret and exposed her to danger from others by sending an email message to an S&M website. In addition, while the appellant sought counselling for depression he did not seek counselling for this problem.

[3] Accordingly, we would not grant leave to appeal sentence.