Court File and Parties

Citation: R. v. Lawrence, 2008 ONCA 41

Date: 2008-01-21

Docket: C47423

Court of Appeal for Ontario

Before: Doherty, Gillese and Epstein JJ.A.

Between:

Her Majesty the Queen Respondent

and

Wyman Lawrence Appellant

Counsel: John Mann for the appellant Michelle Campbell for the respondent

Heard: January 18, 2008

On appeal from the sentence entered by Justice George J. Brophy of the Ontario Court of Justice dated June 27, 2007.

Appeal Book Endorsement

[1] We see no basis on which to interfere with the sentence. It is within the range for similar offences and reveals no error in principle. While counsel for the appellant argues that the sentencing judge failed to explain why a conditional sentence was not warranted, we reject this submission. The sentencing judge gave cogent reasons for why, despite the appellant’s relative youth and absence of a criminal record, this was one of those rare instances in which denunciation mandated a period of imprisonment. Those reasons included that Mr. Lawrence pled guilty to 9 separate counts involving thefts which took place over a period of months. He was the leader of a scheme in which he persuaded a number of younger people to engage in the theft of motor boats, construction equipment and other items from different yards and places. The ring was to steal the equipment and deliver it to the appellant, who would then have the equipment trucked to Newfoundland. This was a planned and well-developed scheme of which the appellant was the mastermind. The majority of the stolen items, which totalled a value of approximately $65,000, was never recovered.

[2] The appellant’s conduct while on bail pending appeal is a matter for the correctional authorities. It does not go to the fitness of sentence, in these circumstances.

[3] Accordingly, leave to appeal sentence is granted and the appeal is dismissed.