Court File and Parties

Citation: R. v. Lynch, 2009 ONCA 547

Date: 20090706

Docket: C49041 and C50445

Court of Appeal for Ontario

MacPherson, Cronk and MacFarland JJ.A.

Between:

Her Majesty the Queen Respondent

and

Jerome Lynch Appellant

Counsel: Jerome Lynch, appearing in person A. Craig, for the appellant Andrea Baiasu, for the respondent

Heard: June 26, 2009

On appeal from the conviction entered on May 30, 2008, and the sentence imposed on June 12, 2008, by Justice Christopher Corkery of the Superior Court of Justice.

Appeal Book Endorsement

[1] We see no merit in the conviction appeal. There was strong evidence that the appellant knew that the machine in his possession was the one stolen from his former girlfriend’s place of business.

[2] There is merit in the sentence appeal. The trial judge seemed to think that there was a floor of two years for the offence of possession of stolen property. There is a good deal of case law to support a range that includes sentences in the reformatory. In the circumstances of this case – a conviction for possession of stolen property coupled with acquittals for the more serious offences of robbery and forcible confinement – we are of the view that a sentence of three years was outside the range of appropriate sentences.

[3] The conviction appeal is dismissed. The sentence appeal is allowed. The sentence is reduced to two years less a day in custody.