CITATION: R. v. Blais, 2011 ONCA 133

DATE: 20110216

DOCKET: C51761

COURT OF APPEAL FOR ONTARIO

Laskin, Feldman and Armstrong JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Ryan Gerald Blais

Appellant

Crystal Tomusiak, for the appellant

Holly Loubert, for the respondent

Heard: February 15, 2011

On appeal from the sentence imposed on October 1, 2009 by Justice Gisele M. Miller of the Superior Court of Justice, sitting without a jury.

APPEAL BOOK ENDORSEMENT

[1]              The appellant has served the custodial portion of his sentence.  Thus, the only issue on the appeal is whether a three-year term of probation is excessive.  In our view, it is not.

[2]              In the light of the appellant’s extensive record, and the rehabilitative objective of a probation order, a three-year term is appropriate.  At the sentencing hearing, the appellant expressed his intent to turn his life around.  We view the probation order as promoting his ability to do so.

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