COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) v. ALAN DWAYNE EVANS (Appellant)
BEFORE:
McMURTRY C.J.O., DOHERTY & MacFARLAND JJ.A.
COUNSEL:
Alex Burns
for the appellant
Sandra Kingston
for the respondent
HEARD & ENDORSED:
February 11, 2005
On appeal from the sentence imposed by Justice B. Zabel dated July 15, 2004.
A P P E A L B O O K E N D O R S E M E N T
1In our view, the sentencing judge alluded to the proper principles for not following the joint submission and gave sufficient reasons in that regard.
2With respect to the discrepancy in sentences imposed on the two accused, there was a difference in their prior criminal records as well as a difference in relation to the involvement of each accused.
3We therefore find no error in principle in the sentence imposed. Leave to appeal sentence granted but the appeal is dismissed.