DATE: 20050222

DOCKET: C39943

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – WAYNE LEONARD ROBINSON (Applicant (Appellant))

BEFORE:

FELDMAN, SHARPE and ARMSTRONG JJ.A.

COUNSEL:

David North

for the appellant

Deborah Krick

for the respondent

HEARD & ENDORSED:

February 21, 2005

On appeal from sentence imposed by Justice Halikowski of the Ontario Court of Justice dated January 21, 2003.

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

[1] The appellant has served the custodial portion of his sentence for impaired driving causing bodily harm, and appeals only the duration of the driving prohibition. He seeks a four-year period. The Crown agrees that ten years is outside the range, but submits that five years is the appropriate period to ensure public safety and the continued rehabilitation of the appellant, and to uphold the need for deterrence and denunciation for this offence and for the seriously aggravating circumstances in which it was committed. We agree with the submissions of the Crown. Leave to appeal is granted, the appeal is allowed and the driving prohibition duration is reduced from ten years to five years.