DATE: 20060116

DOCKET: C43258

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. MICHAEL STEVEN KRZYWORACZKA (Appellant)

BEFORE:

DOHERTY, SHARPE and JURIANSZ JJ.A.

COUNSEL:

Constance Baran-Gerez

for the appellant

Tracy Stapleton

for the respondent

HEARD & ENDORSED:

January 13, 2006

On appeal from the sentence imposed by Justice O’Dea of the Ontario Court of Justice dated March 6, 2003.

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

[1] In our view, the global sentence imposed having regard to the credit given for pretrial custody was well within the appropriate range. The sentence imposed on the aggravated assault was also fit. The offence involved the near fatal shooting of the appellant’s fiancée. He was on probation and subject to a weapons prohibition order at the time of the offence. His post-sentence conduct offers no basis upon which to reduce the sentences imposed by the trial judge.

[2] Leave to appeal is granted and the appeal is dismissed.