DATE: 20061106

DOCKET: C42081

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) v. JAMES ROBERT SHARPE (Appellant)

BEFORE: O’CONNOR A.C.J.O., ROSENBERG and CRONK JJ.A.

COUNSEL:

Peter Connelly for the appellant

Craig Harper for the respondent

HEARD & ENDORSED: November 3, 2006

On appeal from the sentence imposed by Justice J. Hamilton of the Superior Court of Justice on January 19, 2004.

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

[1] We agree with the trial judge that a sentence of ten years was a fit sentence for these very brutal offences of attempted murder and aggravated assault.

[2] We are of the view that the sentencing judge made no error in awarding the appellant six years credit for the two years and ten months pretrial custody. In exercising his discretion, the trial judge considered the appropriate principles.

[3] Leave to appeal sentence is granted and the appeal is dismissed.