Court File and Parties

Citation: R. v. Guthrie, 2009 ONCA 209

Date: 2009-03-06

Docket: C47228 & C47769

Court of Appeal for Ontario

Before: Laskin, Blair and Watt JJ.A.

Between:

Her Majesty The Queen (Respondent)

and

Paul Guthrie and Jeremy Lamka (Appellant)

Counsel: Timothy E. Breen and Craig Parry, for the appellants Nadia Thomas, for the respondent

Heard & released orally: March 4, 2009

On appeal from the sentence imposed by Justice J.A. Ramsay of the Superior Court of Justice dated April 26, 2007.

Endorsement

[1] The trial judge imposed a sentence of eight years on both appellants, which was almost twice what the Crown was seeking in the case of Mr. Lamka and more than twice what was sought for Mr. Guthrie. These were very serious offences and both appellants have significant criminal records.

[2] However, in view of the Crown’s recommendations, the ages of the appellants and the prospects of rehabilitation (however fragile) we are satisfied that a sentence of eight years constituted an error in principle in the circumstances of this case. We are not prepared to interfere with the trial judge’s decision to treat each appellant equally for these purposes. In all the circumstances we would impose a sentence of six years for each offender.

[3] Leave to appeal the sentences is therefore granted, the appeal is allowed, and the sentences are varied to a period of 6 years imprisonment for each appellant.

“J. Laskin J.A.”

“R.A. Blair J.A.”

“David Watt J.A.”