Court File and Parties

CITATION: R. v. Cagnotti, 2009 ONCA 210

DATE: 20090306

DOCKET: C49854

COURT OF APPEAL FOR ONTARIO

Laskin, Blair and Watt JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Enrico Cagnotti

Appellant

Counsel: David W. Russell, for the appellant Karen Papadopoulos, for the respondent

Heard: March 5, 2009

On appeal from the sentence imposed on November 18, 2008 by Justice George J. Brophy of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] Mr. Cagnotti appeals an effective sentence of 18 months, taking into account credit for time served. Even accepting that the position of the Crown and defence amounted to a joint submission, the trial judge was justified in rejecting it and imposing a higher sentence. He gave counsel fair notice that he might do so, and he gave reasons why even the sentence suggested by the Crown was contrary to the public interest and the administration of justice.

[2] The appellant is an incorrigible con-man who seeks to victimize women for financial gain, and who shows no respect for court orders. We are satisfied that the sentence is fit.

[3] Accordingly, although leave to appeal sentence is granted, the appeal is dismissed.