Court File and Parties

CITATION: R. v. Dexter, 2009 ONCA 179

DATE: 20090225

DOCKET: C48528

COURT OF APPEAL FOR ONTARIO

BEFORE: O’Connor A.C.J.O., Rosenberg and Goudge JJ.A.

BETWEEN:

Her Majesty the Queen

Appellant

and

Christopher Dexter

Respondent

COUNSEL:

Daniel Guttman, for the appellant

C. Spettigue, for the respondent

HEARD: February 23, 2009

On appeal from the sentence entered by Justice Zivolak of the Ontario Court of Justice on February 14, 2008.

APPEAL BOOK ENDORSEMENT

[1] It is now clear that a custodial sentence is required for this kind of offence. The law did not provide that when this sentence was imposed. The trial judge took into consideration a number of relevant factors in imposing sentence. With respect to this appeal, it is important that the twelve-month conditional sentence has now been served successfully. The respondent is a young first offender who suffered from a mental illness. He has addressed his mental problem through the use of prescribed drugs. We are not prepared to interfere.

[2] Leave to appeal sentence is granted and the appeal is dismissed.