CITATION: R. v. Lemos, 2008 ONCA 594

DATE: 20080827

DOCKET: C47223

COURT OF APPEAL FOR ONTARIO

WINKLER C.J.O., DOHERTY and ARMSTRONG JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

SCOTT LEMOS

Appellant

Vincenzo Rondinelli for the appellant

Michelle Campbell for the respondent

Heard: August 22, 2008

On appeal from the sentence imposed by Justice Gary F. Hearn of the Ontario Court of Justice on May 14, 2007.

APPEAL BOOK ENDORSEMENT

[1] The appellant pleaded guilty to armed robbery. In the course of the robbery the appellant and a co perpetrator beat the proprietor of the store with a bat and iron bar. On any view this was a serious crime. The appellant is a young first offender. He has shown true remorse and taken real steps to make amends to the victim.

[2] The real issue on sentencing was whether the appellant should receive a conditional sentence or a term of incarceration. The trial judge had a difficult decision to make. He chose incarceration for 15 months. His reasons are thorough and careful. In our view they reveal no error in principle. We must defer to the trial judges exercise of his discretion.

[3] We also see no reason to interfere based on the “parity” argument. The trial judge did draw a distinction between the appellant and his co perpetrator. He could have perhaps drawn a greater distinction, but once again we see no ground upon which to interfere with the exercise of that part of his discretion.

[4] Leave to appeal granted, appeal dismissed.