Court File and Parties

CITATION: R. v. Williams, 2008 ONCA 271

DATE: 20080414

DOCKET: C42680

COURT OF APPEAL FOR ONTARIO

FELDMAN, ROULEAU and WATT JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

MAILE WILLIAMS

Appellant

Counsel: Monica Lipson for the appellant Peter Scrutton for the respondent

Heard and released orally: April 7, 2008

On appeal from sentence imposed by Justice Lesley Baldwin of the Ontario Court of Justice dated January 26, 2004.

ENDORSEMENT

[1] The appellant appeals his sentence of seven years for assault and aggravated assault on a fellow inmate, consecutive to the forty-eight months that he is already serving for drug and weapons and assault offences.

[2] In our view, the trial judge made no error in concluding that a significant sentence was necessary in these circumstances. The appellant has a very long criminal record. The victim suffered very serious injuries.

[3] Although the trial judge exceeded the sentence of five years consecutive proposed by Crown counsel, the Crown also proposed an extended period of parole ineligibility. The trial judge rejected that approach, preferring to give a longer sentence that reflected the seriousness of the offence, with the possibility of parole depending on the conduct of the appellant going forward.

[4] In the result, leave to appeal sentence is granted but the appeal is dismissed.

Signed: "K. Feldman J.A."

"Paul Rouleau J.A."

"David Watt J.A."