DATE: 20040312

DOCKET: C39524 and C39525

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Applicant/Appellant) – and – LARRY ALFRED LONGBOAT JR. (Respondent) – and between – HER MAJESTY THE QUEEN (Applicant/Appellant) – and – ERIK DONALD VANEVERY (Respondent)

BEFORE:

CATZMAN, DOHERTY and ARMSTRONG JJ.A.

COUNSEL:

Jennifer Woollcombe

for the applicant/appellant

Irwin Koziebrocki

for the respondent Larry A. Longboat Jr.

Erik D. Vanevery

In person

HEARD AND ENDORSED:

March 11, 2004

On appeal from the sentence imposed by Justice Anne Bain of the Superior Court of Justice dated January 14, 2003.

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

[1] This was a difficult sentencing problem. The trial judge gave careful consideration to the competing interests. We are required to defer to that assessment, absent any error in principle. We see no such error.

[2] Leave to appeal sentence is granted but the appeals against sentence are dismissed.