COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – GARNET PRINCE (Applicant/Appellant)
BEFORE:
MacPHERSON, CRONK and GILLESE JJ.A.
COUNSEL:
Melvyn Green
for the applicant/appellant
Geoffrey Roy
for the respondent
HEARD AND ENDORSED:
May 18, 2004
On appeal from the sentence imposed by Justice L.T. Montgomery on February 9, 2004.
A P P E A L B O O K E N D O R S E M E N T
1The trial judge’s reasons reflect no analysis or basis for his conclusion that the acceptance of the joint submission of the parties concerning sentence would bring the administration of justice into disrepute. The Crown concedes that the proposed sentence of 90 days intermittent incarceration is within the proper range. The test for the rejection of a joint submission is a very high one: R. v. Cerasuolo (2001), 151 C.C.C. (3d) 445 (C.A.) and R. v. Bosklopper, [1995] O.J. No. 4125 (C.A.). That test was not met here.
2Accordingly, leave to appeal sentence is granted and the sentence appeal is allowed. As the appellant has already served more than the ninety days proposed under the joint submission, the sentence is varied to time served.