Court File and Parties

CITATION: R. v. Marsh, 2008 ONCA 374

DATE: 20080512

DOCKET: C48299

COURT OF APPEAL FOR ONTARIO

DOHERTY, ROULEAU and WATT JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

PERRY MARSH

Applicant/Appellant

Counsel: Christopher Hicks for the appellant Andreea Baiasu for the respondent

Heard: May 8, 2008

On appeal from the sentence imposed by Justice H.I. Chisvin of the Ontario Court of Justice on August 25, 2006.

APPEAL BOOK ENDORSEMENT

[1] These were serious offences. The use of the imitation weapon was an aggravating factor albeit not as aggravating as the use of a firearm. The appellant has a long record but there is only one offence involving any violence and no offences approaching the seriousness of these robberies. His longest prior imposed sentence is one of two years. Rehabilitative prospects while dim, do exist.

[2] In all of the circumstances, we are satisfied that the total sentence imposed of 7 years, 9 months and credit for 16 months pre-trial for an effective sentence of 9 years, 1 month was beyond the appropriate range. In our view, a sentence of 6 years is appropriate. In imposing that sentence, we have taken into account the 16 months credited for pre-trial for an effective sentence of 7 years, 4 months.

[3] The appeal is allowed.