Court of Appeal for Ontario

CITATION: R. v. Lemieux, 2007 ONCA 820

DATE: 20071129

DOCKET: C47261

LASKIN, MOLDAVER and ROULEAU JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

ALAIN LEMIEUX

Appellant

Karin S. Stein for the appellant

Michelle Campbell for the respondent

Heard: November 23, 2007

On appeal from the sentence imposed on March 1, 2007 by Justice David W. Dempsey of the Ontario Court of Justice, sitting without a jury.

APPEAL BOOK ENDORSEMENT

[1] The trial judge gave thorough and balanced reasons for the sentence he imposed. In our view, the sentence was fit and disclosed no error in principle.

[2] Although it might have been preferable had the trial judge made the sentence for the conviction under s. 345 of the Code concurrent instead of consecutive, his failure to do so caused no prejudice. The trial judge merely broke down the sentences for each offence after determining that a global sentence of eighteen months on top of the five months credit for pre-trial custody was appropriate.

[3] The appeal is dismissed.