DATE: 20060919

DOCKET: C43197

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – MUHAMMAD AL-DIASTY (Appellant)

BEFORE:

ROSENBERG, MACPHERSON and GILLESE JJ.A.

COUNSEL:

Leslie Maunder

for the appellant

Joseph Perfetto

for the respondent

HEARD & ENDORSED:

September 15, 2006

On appeal from conviction imposed by Justice Ian A. MacDonnell of the Ontario Court of Justice dated January 10, 2005 and sentence imposed dated February 22, 2005.

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

[1] The sentence originally imposed was unfit and the trial judge was entitled to impose a lengthier sentence. The trial judge carefully considered all the circumstances, including the impact on the perception of fairness of the process in light of the first sentence. He explained why he was giving an increased sentence. We are satisfied that the sentence imposed was fit given the magnitude of the frauds and the absence of the important mitigating factors of the early guilty plea.

[2] Accordingly, while leave to appeal is granted, the appeal is dismissed.