CITATION: R. v. Buteau, 2007 ONCA 31

DATE: 20070119

DOCKET: C45386

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – STEVEN BUTEAU (Appellant)

BEFORE:

LABROSSE, MOLDAVER and CRONK JJ.A.

COUNSEL:

Paul Slocombe

for the appellant

Andrew Cappell

for the respondent

HEARD & ENDORSED:

January 19, 2007

On appeal from the conviction entered and the sentence imposed on March 23, 2006, by Justice John C. Moore of the Ontario 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] Counsel are in agreement that the appellant does not have Aboriginal status.

[2] In our view, the reasons of the sentencing judge reveal no error in refusing the suggested range of counsel for the sentence, particularly in light of the appellant’s horrendous criminal record. In addition, a substantial part of the property has never been recovered.

[3] In the circumstances, we see no basis to interfere.

[4] The appeal is dismissed.