Court File and Parties

CITATION: R. v. Level, 2010 ONCA 768

DATE: 20101115

DOCKET: C46823

COURT OF APPEAL FOR ONTARIO

BEFORE: Moldaver, Armstrong and Rouleau JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

And

Craig Level

Applicant/Appellant

COUNSEL: Nicholas A. Xynnis, for the applicant/appellant Emile Carrington, for the respondent

HEARD: November 9, 2010

On appeal from the sentence imposed by Justice John F. Hamilton of the Superior Court of Justice dated October 25, 2004.

APPEAL BOOK ENDORSEMENT

[1] The equivalent three year sentence was entirely fit for the two serious sexual assaults committed by the appellant.

[2] The reduction sought for immigration purposes is unwarranted. The fresh evidence on appeal indicates that the appellant suffers from schizophrenia, that he is doing well and has not committed further offences in the six years from the time of sentence. There is some concern about the availability of appropriate treatment in Jamaica. These are matters that the immigration officials will no doubt take into account.

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