Court File and Parties

CITATION: R. v. Morgan, 2008 ONCA 492

DATE: 20080620

DOCKET: C47548

COURT OF APPEAL FOR ONTARIO

WINKLER C.J.O., FELDMAN J.A. and LAX J. (ad hoc)

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

And

WINSTON MORGAN

Appellant

Counsel: Brian Snell for the appellant Craig Harper for the respondent

Heard and released orally: June 17, 2008

On appeal from sentence imposed by Justice Thomas P. Cleary of the Ontario Court of Justice dated January 11, 2007 and the decision of Justice Anne Molloy of the Superior Court of Justice, sitting as a summary conviction appeal judge, upholding the sentence imposed.

ENDORSEMENT

[1] The circumstances of this case warranted a very significant sentence. We see no error in the approach taken by the sentencing judge or the reviewing judge. In particular, there was no error in imposing consecutive sentences or in imposing a sentence at or near the maximum in the circumstances of this case. The fresh evidence presents an encouraging picture for the appellant’s future after his release. However, it does not present a basis for reducing the sentence that was imposed for these very serious offences.

[2] We would therefore dismiss the appeal.

Signed: “Winkler C.J.O.” “K. Feldman J.A.” “J. Lax J. (ad hoc)”