DATE: 20050322
DOCKET: C42871
COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – MATTHEW THOMPSON (Appellant)
BEFORE:
SHARPE, SIMMONS and LAFORME JJ.A.
COUNSEL:
Jeanine LeRoy
for the appellant
Amy Alyea
for the respondent
HEARD:
March 18, 2005
On appeal from the sentence imposed by Justice D. Livingstone of the Superior Court of Justice dated December 9, 2004.
E N D O R S E M E N T
[1] While the sentence imposed was severe, we are not persuaded that there are grounds for appellate interference. The assault upon the victim was unprovoked, vicious and resulted in very serious injuries. The sentencing judge did take into account the mitigating factors of a plea, positive pre-sentence report and the fact that this is the appellant’s first offence. We see no legal error in her reasons. Accordingly, leave to appeal is granted but the appeal is dismissed.
“Robert J. Sharpe J.A.”
“J.M. Simmons J.A.”
“H.S. LaForme J.A.”