DATE: 20040226

DOCKET: C40396

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Applicant/Appellant) v. ELLISON CAMERON LINDSAY KING (Respondent)

BEFORE: DOHERTY, GOUDGE and ARMSTRONG JJ.A.

COUNSEL: Christine Bartlett-Hughes for the applicant/appellant Gregory Lafontaine for the respondent

HEARD: February 20, 2004

ORALLY

RELEASED: February 20, 2004

On appeal from the sentence imposed by Justice M.Z. Charbonneau, of the Superior Court of Justice, dated June 24, 2003.

E N D O R S E M E N T

[1] The respondent received a conditional sentence of 21 months with strict terms after his plea to a charge of touching a seven year-old girl for a sexual purpose.

[2] The Crown argues that the trial judge failed to appreciate the seriousness of this offence and, particularly, argued that he understated the nature of the trust relationship breached by the respondent when he committed this offence. We cannot agree with that submission. In our view, the trial judge’s reasons aptly describe the relationship between the two. He clearly took that trust relationship into consideration in determining the appropriate sentence.

[3] We can find no error in principle. While some trial judges may have imposed a jail term, we cannot say that the conditional sentence imposed by the trial judge is manifestly unreasonable in all of the circumstances. Consequently, leave to appeal sentence is granted but the appeal is dismissed.

“Doherty J.A.”

“S.T. Goudge J.A.”

“Robert P. Armstrong J.A.”