Court File and Parties

Citation: R. v. Ferlisi, 2011 ONCA 14

Date: 20110107

Docket: C50371

Court of Appeal for Ontario

Before: Moldaver, Feldman and MacFarland JJ.A.

Between

Her Majesty the Queen Respondent

and

Paul Ferlisi Appellant

Counsel: Heather Pringle, for the appellant Deborah Calderwood, for the respondent

Heard and released orally: January 4, 2011

On appeal from the sentence imposed by Justice J.E. Allen of the Ontario Court of Justice dated December 1, 2008.

Endorsement

[1] In our view, the sentence imposed on this offender including the three-year period of probation was fit, indeed it may be described as lenient in all the circumstances. The Mother’s Day home invasion on his ex-wife in the presence of their two young children was horrific and terrorized his wife. She feared for her life and the lives of her children.

[2] The trial judge’s characterization of that event as one of “stark horror” for Mrs. Ferlisi was apt. She was terrorized and remained fearful of him upon his release. As the trial judge noted, Mrs. Ferlisi needs to be protected for as long as possible.

[3] The fresh evidence discloses that while incarcerated, the appellant has taken advantage of some courses to address his anger management and addiction issues. He is to be commended for his efforts, which we hope will continue. However, in our view, in all the circumstances, the sentence was a fit one and there is no basis upon which this court should interfere.

[4] The appeal is dismissed.

“M. J. Moldaver J.A.” “K. Feldman J.A.” “J. MacFarland J.A.”