Court File and Parties

CITATION: R. v. Wolynec, 2007 ONCA 826

DATE: 20071130

DOCKET: C46272

COURT OF APPEAL FOR ONTARIO

ROSENBERG, LANG and ROULEAU JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN Respondent

and

VICTOR WOLYNEC Applicant (Appellant)

Counsel: Daniel A. Stein for the appellant James K. Stewart for the respondent

Heard and released orally: November 27, 2007

On appeal from sentence imposed by Justice Janet M. Wilson of the Superior Court of Justice dated March 11, 2005.

ENDORSEMENT

[1] The appellant has a substantial criminal record, including a ten-year sentence for two bank robberies. On this occasion, the appellant was convicted of seven bank robberies and one attempted bank robbery. These are grave offences, even though the appellant was not armed. The effective sentence of thirteen years imprisonment was fit in the circumstances.

[2] Regrettably, the appellant appears to be institutionalized and the expert evidence adduced at the sentence hearing indicates that he is still at risk of re-offending. The sentence imposed does not offend the proportionality and totality principles. In particular, it cannot be said that a sentence of this length would be crushing to this appellant.

[3] We note that the fresh evidence indicates that the appellant is coming to terms with the earlier physical and sexual abuse. However, the impact of any treatment that the appellant may receive is a matter best left for the parole board.

[4] Accordingly, while leave to appeal sentence is granted, the appeal is dismissed.

Signed: "M. Rosenberg J.A." "S.E. Lang J.A." "Paul Rouleau. J.A."