CITATION: R. v. Cowl, 2009 ONCA 347

DATE: 20090428

DOCKET: C49649

COURT OF APPEAL FOR ONTARIO

Laskin, Armstrong and Blair JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Bryan Cowl

Appellant

Michael Dineen, for the appellant

Gail Glickman, for the respondent

Heard: April 27, 2009

On appeal from the sentence imposed on April 2, 2008 by Justice Robert P. Main of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] Even if the trial judge erred in principle as the appellant contends, we think that the sentence he imposed was fit. The appellant’s alcohol readings were over three times the legal limit and he caused the death of one person, and seriously injured another.

[2] The lifetime driving prohibition is warranted as this was the appellant’s third drinking and driving offence.

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