CITATION: R. v. Clare, 2007 ONCA 162

DATE: 20070313

DOCKET: C45833

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – EDWARD DEAN CLARE (Appellant)

BEFORE:

MACPHERSON, SHARPE and CRONK JJ.A.

COUNSEL:

Jennifer A. Y. Trehearne

for the appellant

David Rowcliffe

for the respondent

HEARD & ENDORSED:

February 22, 2007

On appeal from the sentence imposed on April 10, 2006 by Justice J. Stephen O'Neill of the Superior Court of Justice.

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

[1] The trial judge gave thorough reasons for the sentence he imposed on the appellant. However, on the basis of the fresh evidence only – namely, the appellant’s testimony in a murder case, which was both difficult and important to the result, and the difficult circumstances of his incarceration (protective custody twenty-three and a half hours per day) – we would allow the appeal and reduce the sentence to time served.