DATE: 20060120

DOCKET: C43563

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Appellant) –and- ROMAN MILL (Respondent)

BEFORE:

LABROSSE, MOLDAVER AND MACFARLAND JJ.A.

COUNSEL:

Amy Alyea

for the appellant

Paul Calarco

for the respondent

HEARD & ENDORSED:

January 19, 2006

On appeal from the sentence imposed by Hamilton J. of the Superior Court of Justice, dated April 26, 2005 made at Toronto, Ontario.

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

[1] In light of the gravity of the offences and the substantial record of the appellant, the $500 fine was inadequate in addressing the principle of denunciation, general deterrence and protection of the public.

[2] A short jail sentence or a lengthier conditional sentence would have been more appropriate.

[3] However, the appellant seems to have turned his life around, and he has assumed substantial family responsibilities.

[4] To incarcerate him at this time would not be in the interest of justice.

[5] Appeal is dismissed.