DATE: 20050419

DOCKET: C42171

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. RYAN MICHAEL MACHOWSKI (Applicant/Appellant)

BEFORE:

DOHERTY, MOLDAVER and GILLESE JJ.A.

COUNSEL:

Robert Sheppard

for the appellant

Deborah Krick

for the respondent

HEARD & ENDORSED:

April 18, 2005

On appeal from the sentence imposed by Justice D.R. McDermid, sitting with a jury, of the Superior Court of Justice dated January 5, 2004.

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

[1] The appellant was released on parole after serving 13 months of his sentence (two years less a day). Counsel argues that the sentence should be reduced to time served, meaning that the appellant’s two year probation period would commence now rather than eight months from now when the parole is completed.

[2] The sentence was fit when imposed and the trial judge’s reasons reveal no error.

[3] The appellant argued that the subsequent sentence imposed on the co-accused (a one year conditional sentence) raises a disparity issue justifying our intervention. We disagree. The differences in the relevant circumstances of the two cases justifies the different sentences imposed.

[4] Leave to appeal is granted and the appeal is dismissed.