DATE: 20050210

DOCKET: C42421

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – STEPHEN SMART (Appellant)

BEFORE:

ROSENBERG, SIMMONS and LANG JJ.A.

COUNSEL:

Sam Scratch

for the appellant

Grace Choi

for the respondent

HEARD & ENDORSED:

February 7, 2005

On appeal from sentence imposed by Justice Lebel of the Ontario Court of Justice dated December 30, 2003.

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

[1] It is apparent that there was no joint submission and that the appellant did not enter his plea in reliance on the Crown’s position. We agree with the trial judge that protection of the public and this particular victim and her family was of paramount importance. Regrettably, at this stage a lengthy jail sentence would seem to be the only alternative to protect the public. The appellant has a very lengthy record for similar offences and other serious offences of violence. He has previously been convicted of offences in relation to this victim. While we agree that this sentence is at the very high end of the range, we cannot say it is manifestly excessive in all the circumstances.

[2] Accordingly leave to appeal sentence is granted but the appeal is dismissed.