CITATION: R. v. Cagnotti, 2009 ONCA 210
DATE: 20090306
DOCKET: C49854
COURT OF APPEAL FOR ONTARIO
Laskin, Blair and Watt JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Enrico Cagnotti
Appellant
David W. Russell, for the appellant
Karen Papadopoulos, for the respondent
Heard: March 5, 2009
On appeal from the sentence imposed on November 18, 2008 by Justice George J.
Brophy of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
[1] Mr. Cagnotti appeals an effective sentence of 18 months, taking into account
credit for time served. Even accepting that the position of the Crown and defence
amounted to a joint submission, the trial judge was justified in rejecting it and imposing a
higher sentence. He gave counsel fair notice that he might do so, and he gave reasons
why even the sentence suggested by the Crown was contrary to the public interest and the
administration of justice.
Page: 2
[2] The appellant is an incorrigible con-man who seeks to victimize women for
financial gain, and who shows no respect for court orders. We are satisfied that the
sentence is fit.
[3] Accordingly, although leave to appeal sentence is granted, the appeal is dismissed.
Thursday, March 26, 2009
'Incorrigible' dating-site con artist
Stiffer sentence upheld for 'incorrigible' dating-site con artist
06/03/2009 1:28:00 PM
Colin Perkel, THE CANADIAN PRESS TORONTO - A con artist who preyed on single women with tales of his wealth and stature deserved an 18-month jail sentence handed him last fall, Ontario's highest court ruled Friday.
In upholding the sentence against Enrico Cagnotti, the Appeal Court found the judge at trial was justified in imposing a stiffer sentence than what had been recommended by Crown and defence.
"The appellant is an incorrigible con man who seeks to victimize women for financial gain, and who shows no respect for court orders," the court said in a brief decision.
"We are satisfied that the sentence is fit."
The Crown and defence had suggested a total sentence of about nine months.
Cagnotti, 50, of Tiny Township, Ont., pleaded guilty in November to three breaches of probation and one of a court order that he refrain from using dating websites.
He already had a long record of fraud-related convictions.
In sentencing him, Ontario Court Justice George Brophy said Cagnotti needed to be "sharply reprimanded." Brophy said Cagnotti's behaviour in cruising for fraud targets on the Internet needed to be denounced.
Cagnotti complained he had been unfairly treated and said he would appeal, but the higher court, which heard his case Thursday, wasn't biting.
Brophy was justified in rejecting counsel's submissions and imposing a stiffer jail term, the Appeal Court said.
The judge only did so after giving reasons why the sentence suggested by the Crown "was contrary to the public interest and the administration of justice," the court ruled.
Cagnotti's criminal record began a dozen years ago with a conviction for uttering threats. He has since racked up about two dozen convictions and jail terms for crimes including fraud, theft and forgery, uttering threats and obstructing police.
The courts banned him in August 2007 for three years from participating in online dating sites or pretending to be an "available partner."
Ontario Provincial Police, who arrested him, said women in several towns and cities had complained about him.
Women who met or had contact with him through dating sites said, among other things, he pretended to drive a $1-million Mercedes-Benz and claimed to be an airline pilot who owned a private flight-services company.
Cagnotti used different profiles and made false claims about his wealth and prestige to women, police said.
In sentencing him, Brophy found the accused was trying to get money by "playing on their emotions and psychological needs."
"Mr. Cagnotti would appear to be a career con man," the judge said.
"I don't think it's fair," Cagnotti protested at the time.
"I made my wrong. I was willing to do what had to be done, and people that I defrauded, I paid back with restitution."
06/03/2009 1:28:00 PM
Colin Perkel, THE CANADIAN PRESS TORONTO - A con artist who preyed on single women with tales of his wealth and stature deserved an 18-month jail sentence handed him last fall, Ontario's highest court ruled Friday.
In upholding the sentence against Enrico Cagnotti, the Appeal Court found the judge at trial was justified in imposing a stiffer sentence than what had been recommended by Crown and defence.
"The appellant is an incorrigible con man who seeks to victimize women for financial gain, and who shows no respect for court orders," the court said in a brief decision.
"We are satisfied that the sentence is fit."
The Crown and defence had suggested a total sentence of about nine months.
Cagnotti, 50, of Tiny Township, Ont., pleaded guilty in November to three breaches of probation and one of a court order that he refrain from using dating websites.
He already had a long record of fraud-related convictions.
In sentencing him, Ontario Court Justice George Brophy said Cagnotti needed to be "sharply reprimanded." Brophy said Cagnotti's behaviour in cruising for fraud targets on the Internet needed to be denounced.
Cagnotti complained he had been unfairly treated and said he would appeal, but the higher court, which heard his case Thursday, wasn't biting.
Brophy was justified in rejecting counsel's submissions and imposing a stiffer jail term, the Appeal Court said.
The judge only did so after giving reasons why the sentence suggested by the Crown "was contrary to the public interest and the administration of justice," the court ruled.
Cagnotti's criminal record began a dozen years ago with a conviction for uttering threats. He has since racked up about two dozen convictions and jail terms for crimes including fraud, theft and forgery, uttering threats and obstructing police.
The courts banned him in August 2007 for three years from participating in online dating sites or pretending to be an "available partner."
Ontario Provincial Police, who arrested him, said women in several towns and cities had complained about him.
Women who met or had contact with him through dating sites said, among other things, he pretended to drive a $1-million Mercedes-Benz and claimed to be an airline pilot who owned a private flight-services company.
Cagnotti used different profiles and made false claims about his wealth and prestige to women, police said.
In sentencing him, Brophy found the accused was trying to get money by "playing on their emotions and psychological needs."
"Mr. Cagnotti would appear to be a career con man," the judge said.
"I don't think it's fair," Cagnotti protested at the time.
"I made my wrong. I was willing to do what had to be done, and people that I defrauded, I paid back with restitution."
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