R. v. Bell, 2002 CanLII 41640 (ON CA)

minicounsel

DOCKET: C33195

RE:

HER MAJESTY THE QUEEN (Respondent) v. RICHARD BELL (Appellant)

BEFORE:

*OSBORNE A.C.J.O., MOLDAVER and GOUDGE JJ.A.

Tanya Kranjc

For the appellant

Sandra Kingston

For the respondent

HEARD:

November 14, 2000

On appeal from conviction by Justice C.B. Noble on October 1, 1998 and from sentence imposed on February 5, 1999.

A D D E N D U M

Sentence Appeal

[1] It has recently been brought to our attention that paragraph 11 of the endorsement dated November 21, 2000 contains a mathematical error and it should be revised to reflect the true intention of the Court. That intention is found in the last sentence of the endorsement and recorded as well on the back of the Appeal Book, namely, that the appellant receive a total sentence of five years and two months.
[2] To give effect to our intention, we would amend paragraph 11(a) as follows:

(a) On the charge of breaking and entering and committing a sexual assault, a sentence of 36 months is substituted.

[3] This amendment makes it plain that the total sentence is 62 months as opposed to 74 months. We wish to be clear that 62 months is the sentence we intend and that it takes into account time served and the principle of totality. Lest there be any doubt regarding the second last sentence in the November 21, 2000 endorsement, namely, that “in all other respects, the sentences imposed by the trial judge shall remain the same”, we intend that the sentence on Count 5 for “threatening death” shall be 18 months consecutive, the sentence on Count 7 for “breach of recognizance” shall be 6 months consecutive and the sentence on Count 10 for “breach of probation” shall be 6 months concurrent.

Signed: “M.J. Moldaver J.A.”

“S. T. Goudge J.A.”