Court of Appeal for Ontario

Citation: R. v. Economopoulos, 2011 ONCA 694

Date: 2011-11-08

Docket: C51414

Before: Laskin, Cronk and Blair JJ.A.

Between:

Her Majesty the Queen Respondent

and

Stephanos Economopoulos Appellant

Counsel: Robert C. Sheppard, for the appellant Jennifer Mannen, for the respondent

Heard: November 4, 2011

On appeal from the sentence imposed on November 30, 2009 by Justice Eleanor M. Schnall of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] Although neither counsel asked for a fine, the appellant acknowledges that the imposition of a fine was within the trial judge’s discretion. His sole submission is that the amount of the fine - $8,000 – is excessive. He contends that the trial judge erred by not making sufficient inquiry into his ability to pay.

[2] We agree with that submission, although we also agree that the trial judge was correct to impose a fine that reflected the seriousness of what the appellant did.

[3] In the light of the financial information on the record, we think that a fit sentence is a $6,000 fine. The appellant shall have one year to pay, and consistent with the trial judge’s reasons, may if necessary, apply for further time to pay.

[4] Leave to appeal sentence is granted, and the fine is reduced to $6,000.