Court of Appeal for Ontario

Citation: R v. Davis, 2007 ONCA 439

Date: 20070615

Docket: C46468

Before: BORINS and SHARPE JJ.A. and WATT J. (ad hoc)

Between:

HER MAJESTY THE QUEEN

Respondent

and

EDWARD CECIL DAVIS

Appellant

Counsel:

Vincenzo Rondinelli for the appellant

Erika Chozik for the respondent

Heard: June 14, 2007

On appeal from the sentence imposed on December 16, 2006 by Justice Robert N. Weekes of the Superior Court of Justice, sitting with a jury.

APPEAL BOOK ENDORSEMENT

[1] This was a very serious case of impaired driving causing bodily harm and failing to remain at the scene of the accident and clearly required a custodial sentence. The trial judge, in careful reasons, reviewed all of the relevant factors and rejected a conditional sentence. He made no error in principle and imposed a fit sentence. We are not persuaded by the fresh evidence that the appellant’s medical condition warrants the imposition of a conditional sentence or a reduction in sentence. We would grant leave to appeal the sentence, and dismiss the appeal.