DATE: 20050225

DOCKET: C42261

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – ROCKY WILMER CROWELL (Appellant)

BEFORE:

BORINS, SHARPE and ARMSTRONG JJ.A.

COUNSEL:

Bernard Cugelman

for the appellant

Geoff Chesney

for the respondent

HEARD & ENDORSED:

February 23, 2005

On appeal from the sentence imposed on May 27, 2004 by Justice Julia A. Morneau of the Ontario Court of Justice.

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

[1] In our view the trial judge erred in the application of the following principles: parity, jump, gap and totality, with the result that the sentence imposed was unduly harsh. The appellant has served the equivalent of 18 months in pre-trial and post‑conviction custody. We grant leave to appeal and allow the appeal and vary the sentence to time served plus probation for 12 months from this date on the statutory terms, as well the appellant is to refrain from the consumption of alcoholic beverages and to attend for treatment as arranged by his probation officer and to continue to attend Alcoholics Anonymous on a regular basis. The driving suspension will continue.