COURT OF APPEAL FOR ONTARIO

DATE: 20061124

DOCKET: C44484

RE: HER MAJESTY THE QUEEN (Respondent) – and – BRIAN MAURICE BEAUPRE (Appellant)

BEFORE: MOLDAVER, JURIANSZ and ROULEAU JJ.A.

COUNSEL: Ross C. Stewart for the appellant Melissa Ragsdale for the respondent

HEARD & ENDORSED: November 24, 2006

On appeal from conviction by Justice Robert N. Fournier of the Ontario Court of Justice dated July 22, 2005 and sentence imposed August 31, 2005.

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

[1] We think that the trial judge should have given the appellant pre-trial credit for months seven and eight on a one for one basis. However, viewed as a whole, the ultimate sentence imposed was in our view entirely fit. The crime was very serious. It involved a brutal, unprovoked assault on a common law partner. An overall sentence of five years, after crediting the appellant for one-year pre-trial custody, was appropriate. We note as well that the appellant was sentenced for assaulting another individual and the police in the context of the main offence.

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