Court File and Parties

CITATION: R. v. Przybylski, 2007 ONCA 733

DATE: 20071023

DOCKET: C45762

COURT OF APPEAL FOR ONTARIO

DOHERTY, BLAIR JJ.A. and THEN R.S.J. (ad hoc)

BETWEEN:

HER MAJESTY THE QUEEN Respondent

and

KONSTANTY PRZYBYLSKI Appellant

Counsel: Martin Kerbel, Q.C. for the appellant Colleen Hepburn for the respondent

Heard: October 18, 2007

On appeal from the sentence entered by Justice Zivolak of the Ontario Court of Justice on July 4, 2006.

APPEAL BOOK ENDORSEMENT

[1] We have considered the “fresh” evidence. It does not assist in determining the appeal.

[2] The appellant, a priest, engaged in the repeated long term sexual abuse of two young boys who served as altar boys in the church. The abuse included anal intercourse. A significant penitentiary term was demanded in the circumstances. We cannot say that the five year sentence imposed by the trial judge was manifestly excessive.

[3] The appeal is dismissed.