DATE: 20060303

DOCKET: C43396

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) – and – CYLNE CHIDOZIE AMUTA (Appellant)

BEFORE: WEILER, ARMSTRONG and JURIANSZ JJ.A.

COUNSEL: Heather Pringle for the appellant

Tracey Stapleton for the respondent

HEARD & ENDORSED: March 3, 2006

On appeal from the sentence imposed on August 27, 2004 by Justice Barry G. A. MacDougall of the Superior Court of Justice, sitting with a jury.

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

[1] Having regard to the gravity of the offence and the moral blameworthiness of the offender in that he both supplied alcohol to the sixteen year old CAS ward he was hired to protect and abused his position of authority by engaging in full sexual intercourse with her in her room despite her protests, the sentence was fit. Although the appellant expressed remorse at the sentencing hearing, and this factor weighed in favour of the restorative objective of a conditional sentence, it was not so important as to outweigh the other sentencing principles requiring a two year less day sentence of incarceration. According while leave to appeal sentence is granted, appeal as to sentence is dismissed.