R. v. Lewis, 2009 ONCA 792

CITATION: R. v. Lewis, 2009 ONCA 792

DATE: 20091110

DOCKET: C46962

COURT OF APPEAL FOR ONTARIO

Laskin, Gillese and Juriansz JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Paul Gregory Lewis

Appellant

Robert C. Sheppard, for the appellant

Ken Lockhart, for the respondent

Heard: November 6, 2009

On appeal from the sentence imposed on May 31, 2006 by Justice Helen A. Rady of the Superior Court of Justice, sitting with a jury.

APPEAL BOOK ENDORSEMENT

[1] We see no error in the trial judge’s treatment of Mr. Lewis’ criminal record. Although his record was not a length as that of his co-accused, it did include a previous penitentiary term, a previous weapon offence, and previous breaches of recognizance.

[2] Moreover, the co-accused, unlike Mr. Lewis, pleaded guilty for which he undoubtedly received credit. These considerations in the context of the parity principle, justified the sentence imposed on Mr. Lewis.

[3] We add that, in our view, the sentence imposed was entirely fit. This court has repeatedly said that robberies of convenience stores will attract heavy sentences. This offence particularly warranted a heavy sentence as the two accused went into the convenience store with a leaded sawed off shotgun. Finally, we see no error in the credit given by the trial judge for Mr. Lewis’ bail conditions.

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