Court of Appeal for Ontario

Citation: R. v. Evans, 2011 ONCA 241

Date: 20110328

Docket: C50318

Before: Doherty, LaForme and Epstein JJ.A.

Between:

Her Majesty the Queen Respondent

and

Michael Evans Appellant

Counsel: Catriona Verner, for appellant Kim Crosbie, for the respondent

Heard: March 25, 2011

On appeal from the sentence imposed by Justice Michelle Fuerst of the Superior Court of Justice dated March 14, 2008.

APPEAL BOOK ENDORSEMENT

[1] We see no error. The crux of the trial judge’s analysis as it relates to the reasonable possibility of eventual control in the community of the risk of reoffending appears in paras. 112 to 128 of her reasons. We see nothing in the trial judge’s analysis that contradicts the approach taken in cases like R. v. Payne, at para. 138.

[2] The trial judge, in the circumstances of this case, was not prepared to accept that the appellant’s risk of reoffending could be satisfactorily addressed through the controls available under an order made by the Parole Board. We see no basis upon which to interfere with that assessment.

[3] The appeal must be dismissed.