Court File and Parties

Citation: R. v. Hallal, 2008 ONCA 210 Date: 2008-03-28 Docket: C45226 Court: Court of Appeal for Ontario Judges: MacFarland, Rouleau and Epstein JJ.A.

Between: Her Majesty the Queen (Respondent) And Yusef Hallal (Appellant)

Counsel: R. Craig Bottomley for the appellant Brian G. Puddington for the respondent

Heard: March 19, 2008

On appeal from the conviction entered by Justice Kathryn L. Hawke of the Ontario Court of Justice dated October 10, 2003 and from the sentence appeal by Justice Kathryn L. Hawke dated March 21, 2006.

Appeal Book Endorsement

[1] While we agree the trial judge erred in her understanding of the appellant’s employment history, we are not persuaded it played a significant role in her determination that a conditional sentence was not appropriate on the facts of this case.

[2] While it would have preferable had the sentencing judge referenced the appellant’s compliance with his bail conditions over a lengthy period of time we do not consider this error constitutes an error in principle on the facts of this case. These are serious offences and we see no basis on which to interfere.

[3] Leave to appeal sentence is granted but the appeal is dismissed.