Thursday, March 26, 2009

NO! You must not pass go!!

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.

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