CITATION: R. v. Clark, 2008 ONCA 480

DATE: 20080616

DOCKET: C47815

COURT OF APPEAL FOR ONTARIO

DOHERTY, JURIANSZ JJ.A. and KENT J. (ad hoc)

BETWEEN:

HER MAJESTY THE QUEEN

Appellant

and

DEREK LORNE CLARK

Respondent

Peter Scrutton for the appellant

Derek Clark appearing in person

Heard: June 13, 2008

On appeal from the sentence imposed by Justice L. Marshall of the Ontario Court of Justice on September 14, 2007.

APPEAL BOOK ENDORSEMENT

[1] The trial judge had a difficult decision to make. The offence was very serious but the respondent was eighteen years old, had only a minor record for non-violent offences, had a solid work record, and had fully complied with the relatively strict bail terms he was on. The sentence could have been much harsher. However, the trial judge decided that leniency offered the best prospects for the protection of the public. We are not prepared to interfere with that assessment.

[2] Leave to appeal is granted, but the appeal is dismissed.