DATE: 20051107

DOCKET: C43434

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – RUSSELL COOPER (Appellant)

BEFORE:

GOUDGE, ARMSTRONG AND BLAIR JJ.A.

COUNSEL:

John Hill

for the appellant

Amanda Rubaszek

for the Crown, respondent

HEARD & ENDORSED:

November 4, 2005

On appeal from conviction by Justice Timothy C. Whetung of the Ontario Court of Justice dated January 17, 2005 and from the sentence imposed by Justice Timothy C. Whetung dated April 1, 2005.

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

[1] We see no error in principle and no basis to reduce the period of probation. This was a very serious domestic assault and in our view the sentence was entirely fit. The appeal is dismissed.