DATE: 20061207

DOCKET: C44803

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – CHARLES FORMOSA (Applicant/Appellant)

BEFORE:

DOHERTY, LASKIN and ARMSTRONG JJ.A.

COUNSEL:

Christopher D. Hicks

for the appellant

Jeanette Gevikoglu

for the respondent

HEARD AND ENDORSED:

December 7, 2006

On appeal from the conviction entered and the sentence imposed by Justice Stone of the Ontario Court of Justice on January 25, 2006.

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

[1] In this case, the trial judge imposed a driving prohibition of two years as part of a sentence for Dangerous Driving. The appellant had no prior criminal record and no prior driving record was put before the court.

[2] He has a family and is self-employed as the owner of two French fried chip trucks. The two year prohibition, on the fresh evidence admitted on consent, will force him to sell his business. At 54 years of age, the prospect of other employment is questionable.

[3] In all the circumstances, we are of the view that the two year driving prohibition order is a particular hardship for the appellant. It is therefore our opinion that the trial judge’s order is excessive. We would reduce it to one year.