COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – ROBERT HARVEY FITZMORRIS (Appellant)
BEFORE:
WEILER and ROSENBERG JJ.A. and PARDU J. (ad hoc)
COUNSEL:
John R. Mann III
for the appellant
Anya Weiler
for the respondent
HEARD & ENDORSED:
September 20, 2004
On appeal from sentence imposed by Justice W. Brian Stead of the Ontario Court of Justice dated February 18, 2004.
APPEAL BOOK ENDORSEMENT
1The appellant pleaded guilty to trafficking in one gram of marijuana. Despite the appellant’s terrible record, the sentence had to be proportionate to the offence. See s. 718.1 of the Criminal Code. Leave to appeal sentence is granted, the appeal is allowed and the sentence reduced to time served.