DATE: 20060112

DOCKET: C43755

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) v. CHAD CHAND M. (A Young Person) (Applicant/Appellant)

BEFORE: DOHERTY, SHARPE and JURIANSZ JJ.A.

COUNSEL:

Lorne Sabsay for the appellant

A. Rubaszek for the respondent

HEARD & ENDORSED: January 10, 2006

On appeal from the sentence imposed by Justice D. Hackett of the Ontario Court of Justice dated June 17, 2005.

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

[1] The trial judge properly considered the parity principle and the relevant statutory provisions. She was justified in imposing a custodial sentence despite the non-custodial sentence imposed on the other individual. The trial judge fully explored the various factors relevant to the two offenders. The trial judge’s determination that the seriousness of the offences placed the offender within the exceptional circumstances referred to in s. 39 was justified on these facts .

[2] The reasons for sentence not only reveal no error, they offer a compelling argument for the disposition imposed.

[3] The appeal is dismissed.