DATE: 20051025

DOCKET: C44071

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – R. S. (Appellant)

BEFORE:

CATZMAN, MacFARLAND and ROULEAU JJ.A.

COUNSEL:

Gregory Lafontaine

for the appellant

Tracy Stapleton

for the respondent

HEARD & ENDORSED:

October 21, 2005

On appeal from the sentence imposed by Justice John D.D. Evans of the Superior Court of Justice dated August 15, 2005.

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

[1] The publication ban is to continue.

[2] Intervention by an appellate court is warranted only where the sentencing judge committed an error in principle, failed to consider a relevant factor, or where the sentence is demonstrably unfit. None of these factors is present in this case and we see no basis on which we can properly interfere with the appellant’s sentence.

[3] Leave to appeal against sentence is granted but the appeal is dismissed.