COURT OF APPEAL FOR ONTARIO

DATE: 2004-09-17

DOCKET: C39627

RE: HER MAJESTY THE QUEEN (Respondent) v. HAROLD JUDD (Appellant)

BEFORE: McMurtry C.J.O., Doherty and Lang JJ.A.

COUNSEL: Howard Borenstein for the appellant Kenneth L. Campbell for the respondent

HEARD & ENDORSED: September 17, 2004

On appeal from the sentence imposed by Justice W. B. Trafford of the Superior Court of Justice dated November 1, 2002.

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

[1] The trial judge is entitled to considerable deference. He considered the appellant’s low range of mental functioning but found that it did not detract from the appellant’s moral culpability.

[2] The trial judge did reduce the sentence by one year in recognition that incarceration would be more difficult for the appellant.

[3] In our view, the sentence was a fit one. Leave to appeal sentence is granted but the appeal is dismissed.