Court File and Parties

CITATION: R. v. Roiballove, 2010 ONCA 763

DATE: 20101110

DOCKET: C51615

COURT OF APPEAL FOR ONTARIO

O’Connor A.C.J.O., Simmons and Watt JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

and

Terry Roiballove

Appellant

Counsel:

Aswani K. Datt, for the appellant

Deborah Krick, for the respondent

Heard: November 9, 2010

On appeal from the sentence imposed by Justice B. Durno of the Superior Court of Justice on February 3, 2010.

APPEAL BOOK ENDORSEMENT

[1] Reading the trial judge’s reasons as a whole, we are satisfied that he sentenced the appellant for his conduct only. He did not take into consideration the actions of others which followed the appellant’s offence.

[2] The trial judge was alive to the request for a conditional sentence. In the circumstances of this offence and this offender, the sentence imposed by the trial judge was entirely fit. We see no error.

[3] Leave to appeal is granted, but the appeal is dismissed.