CITATION: R. v. Galna, 2007 ONCA 179

DATE: 20070316

DOCKET: C43424

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – DONALD GALNA (Appellant)

BEFORE:

FELDMAN, GILLESE and ARMSTRONG JJ.A.

COUNSEL:

Donald Galna

appearing in-person

Leslie Maunder

duty counsel for the appellant

Christine Bartlett-Hughes

for the respondent

HEARD & RELEASED ORALLY:

February 13, 2007

On appeal from the convictions entered on April 1, 2005 and the sentence imposed on June 8, 2005 by Justice Colin D.A. McKinnon 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] For oral reasons delivered in open court, the appeal against conviction is dismissed.

[2] The appellant made no submissions on sentence today, although he has a sentence appeal extant. As he wishes to make submissions regarding sentence, the sentence appeal is put over to the April 25, 2007 sitting, in front of the panel sitting that day.

[3] The appellant seeks an extension of his bail pending the argument of the sentence appeal. He is on bail from day parole in Ottawa, having served eight months of his four year sentence. We would not grant an extension of bail beyond tomorrow as it is unlikely, as the Crown submits, that any potential reduction in sentence would cause the further two months of day parole to be reduced.

[4] In the result, the appeal against conviction is dismissed and bail is revoked as of tomorrow. If the appellant wishes to file a further factum on sentence of 10 pages or less, he may do so by April 1, 2007.