COURT OF APPEAL FOR ONTARIO
CRONK, ARMSTRONG and LANG JJ.A.
B E T W E E N:
HER MAJESTY THE QUEEN
Susan M. Chapman
for the respondent
Respondent
- and -
MARTIN EDELENBOS
David E. Harris
for the appellant
Appellant
Heard: April 29, 2004
On appeal from the conviction entered by Justice John R. McIsaac of the Superior Court of Justice, sitting with a jury, on May 25, 2000.
S U P P L E M E N T A R Y R E A S O N S F O R J U D G M E N T
1On July 5, 2004, this court dismissed the appellant’s appeal from conviction for first degree murder.
2Unfortunately, it was not brought to our attention that, in a separate inmate notice of appeal, the appellant also purported to appeal against his sentence.
3The sentence for first degree murder is mandatory. Under s. 675(1)(b) of the Criminal Code, an offender may appeal against sentence “unless the sentence is one fixed by law”.
4The sentence for first degree murder is fixed by law. Therefore, no appeal lies under that section. An appeal lies under s. 675(2) against the period of parole ineligibility for a person convicted of second degree murder, but that has no application to this case.
5As the appellant had no right of appeal against the sentence, that appeal is quashed.
Released: DEC 20 2004
Signed: “Susan Lang J.A.”
EAC “I agree. E.A. Cronk J.A.”
“I agree. Robert P. Armstrong J.A.”