DATE: 20040517

DOCKET: C40375

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Appellant) – and – RICHARD RACICOT (Respondent)

BEFORE: LASKIN, FELDMAN and BLAIR JJ.A.

COUNSEL:

Joan Barrett

for the appellant

Oliver Abergel

for the respondent

HEARD & ENDORSED: May 13, 2004

On appeal from the sentence imposed by Justice W. D. Chilcott of the Superior Court of Justice, sitting without a jury, dated June 25, 2003.

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

[1] The sentence was undoubtedly at the bottom end of the range. However, the trial judge, who had the advantage of seeing the respondent, had valid reasons why he imposed such a low sentence. But even assuming that the sentence was unfit when imposed, we do not consider that it is in the interests of justice to now re-incarcerate the respondent.

[2] In so holding, we take into account the very positive post-sentence report, the respondent’s youthfulness and the importance of rehabilitation. Accordingly, though leave to appeal sentence is granted, the sentence appeal is dismissed.