DATE: 20050207

DOCKET: C41998

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) -and- JAMES ANTHONY GOODCHILD (Appellant)

BEFORE:

LASKIN, ROSENBERG and LaFORME JJ.A.

COUNSEL:

Sam Scratch

for the appellant

Roger Shallow

for the respondent

HEARD AND ENDORSED:

February 3, 2005

On appeal from the sentence imposed by Justice Mary Teresa E. Devlin of the Ontario Court of Justice on January 13, 2004.

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

[1] Even assuming that the Crown and the defence put forward a joint submission for three years in the penitentiary, the trial judge sentenced the appellant to a lesser custodial term. We see no error in that part of her sentence. Although the three-year probationary period is high, in the light of the facts giving rise to this offence, we cannot say that it is unreasonable.

[2] Accordingly, the sentence appeal is dismissed.