DATE: 20061212

DOCKET: C44125

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. ORLANDO CATALA (Appellant)

BEFORE:

DOHERTY, LASKIN and ARMSTRONG JJ.A.

COUNSEL:

David Tice

for the appellant

Maria Gaspar

for the respondent

HEARD & ENDORSED:

December 8, 2006

On appeal from the sentence imposed by Justice S. Chapnik of the Superior Court of Justice dated September 12, 2005.

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

[1] Mr. Tice has said all there is that could be said on behalf of the appellant. We cannot agree that the trial judge misused the information provided in the pre-sentence report. The absence of remorse was a relevant consideration in considering whether a conditional sentence was appropriate. We see no error in principle in the sentencing. In any event, we think the sentence imposed was a fit sentence.

[2] The appeal is dismissed.