Court File and Parties

CITATION: R. v. Stevens, 2008 ONCA 155

DATE: 20080229

DOCKET: C45396

COURT OF APPEAL FOR ONTARIO

GILLESE, ARMSTRONG and BLAIR JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

NIMKEE STEVENS

Appellant

Counsel: Jennifer Tremblay-Hall for the appellant C. Jane Arnup for the respondent

Heard: February 28, 2008

On appeal from the sentence imposed by Justice William L. Whalen of the Superior Court of Justice dated April 24, 2006.

APPEAL BOOK ENDORSEMENT

[1] The appellant seeks to have this court reduce the period of his parole ineligibility from 14 to 10 years on the basis of fresh “Gladue” evidence. In our view, this fresh evidence adds little more than context. The trial judge was fully alive to the appellant’s personal difficult circumstances, including these that flow from his aboriginal status. Nonetheless, after balancing the appropriate considerations, the brutality of the victim’s slow death over a period of hours, with repeated on-going assaults and the indignities perpetrated on the victim after his senseless death, led the sentencing judge to conclude that an increased period of parole ineligibility was warranted. There is no basis on which to interfere with that exercise of discretion.

[2] Accordingly, leave to appeal sentence is granted but the appeal is dismissed.