DATE: 20061004

DOCKET: C38031

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – GREGORY ALFON MOSER (Appellant)

BEFORE:

FELDMAN, SIMMONS AND ROULEAU JJ.A.

COUNSEL:

James Carlisle

for the appellant

Howard Leibovich

for the respondent

HEARD & RELEASED ORALLY:

September 21, 2006

On appeal from the sentence imposed by Justice Casey Hill of the Superior Court of Justice dated March 7, 2002.

E N D O R S E M E N T

[1] The appellant pleaded guilty to kidnapping, assault with a weapon and failing to comply with the terms of a probation order. Following his pleas of guilty he was sentenced to three years imprisonment in addition to credit of three years and two months for pre-sentence custody. In addition, the appellant was designated as a long-term offender; under the terms of that order he is subject to supervision for a period of eight years.

[2] On appeal, the appellant contends that the long-term offender designation is unreasonable and that the sentencing judge erred in determining that it was appropriate to impose a sentence of more than two years imprisonment and erred in holding that the appellant had engaged in the necessary pattern of behaviour to warrant a long-term offender designation. Finally, the appellant contends that the eight-year supervision period was harsh and excessive and should be reduced.

[3] We disagree. In our view, the sentencing judge gave careful reasons for finding that the appellant fit the long-term offender criteria. In particular, we find no error in the trial judge’s conclusion that the appellant’s past behaviour constituted the necessary pattern for the finding that the trial judge made.

[4] With respect to the sentence imposed, while we consider that the period of imprisonment and the duration of the supervision order was at the high end of what was appropriate in all of the circumstances, we are unable to conclude that the sentencing judge made any error.

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

"K. Feldman J.A."

"Janet Simmons J.A."

"Paul Rouleau J.A."