CITATION: R. v. Hunda, 2007 ONCA 28

DATE: 20070119

DOCKET: C45094

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Appellant) –and- CRAIG HUNDA (Respondent)

BEFORE:

LABROSSE, CRONK and ARMSTRONG JJ.A.

COUNSEL:

Joseph Perfetto

for the appellant

Karen Bellinger

for the respondent

HEARD & ENDORSED:

January 18, 2007

On appeal from the sentence imposed by Justice William F. Fitzgerald of the Ontario Court of Justice, on February 21, 2006.

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

[1] We agree with the Crown that the facts of this case did not support the imposition of a conditional sentence in light of the serious nature of the offences and the horrendous criminal record of the respondent. The longest sentence he had previously served was 9 months.

[2] On the date he was sentenced, the respondent had been in custody for 7½ months for which he should receive a 2 for 1 credit. In addition, he has now served his 7 months conditional sentence.

[3] In the circumstances, he has served the equivalent of 22½ months. It would not be in the interest of justice to further incarcerate the respondent at this time.

[4] The appeal is dismissed.