DATE: 20051202

DOCKET: C42431

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) v. RICHARD ELIO MARINI (Appellant)

BEFORE: DOHERTY, GOUDGE and SIMMONS JJ.A.

COUNSEL: J. Hannah-Suarez for the appellant Tracy Stapleton for the respondent

HEARD & ENDORSED: December 1, 2005

On appeal from the sentence imposed by Justice I. MacMillan of the Superior Court of Justice dated September 1, 2004.

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

[1] There is no doubt that parity of sentence with the brother was an important consideration on sentencing. We are satisfied, based on the trial judge’s comments during submissions, that he was alive to the principle and appreciated that the sentence he had imposed on the brother had to be borne in mind when sentencing the appellant.

[2] The sentence imposed on the appellant (36 months) as opposed to the somewhat shorter sentence imposed on the brother (30 months) was justified. The brother’s sentence was based on a joint submission, the appellant’s was not. The appellant was convicted of dangerous driving that arose out of his flight from the police. That offence merited some additional punishment.

[3] Leave to appeal is granted and the appeal is dismissed.