Court File and Parties

CITATION: R. v. Molitor, 2008 ONCA 821

DATE: 2008-12-04

DOCKET: C44378

COURT OF APPEAL FOR ONTARIO

Sharpe, Blair and Rouleau JJ.A.

BETWEEN:

Her Majesty The Queen

Respondent

and

Jeremy Molitor

Appellant

Counsel: Anne London-Weinstein for the appellant Gillian Roberts for the respondent

Heard: December 2, 2008

On appeal from the judgment of Justice J.M. Donohue of the Superior Court of Justice dated December 22, 2004.

APPEAL BOOK ENDORSEMENT

[1] The appellant appeals the 14 year period of parole ineligibility imposed upon his conviction for second-degree murder. It is conceded that the sentence is within the range. This was a brutal murder. We see no error in the thorough reasons of the trial judge. We do not accept the submission that the trial judge’s description of the location of the murder does not correspond with the evidence. Nor do we see any error in the trial judge’s treatment of the appellant’s sexual promiscuity. As we read his reasons, he did not treat that as an aggravating factor. The trial judge did not, in our view, fail to take into account any significant mitigating factor.

[2] We have reviewed the fresh evidence and we commend the appellant for his rehabilitative efforts but we see no basis to interfere with this sentence.

[3] Leave to appeal sentence granted but the appeal is dismissed.