COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – GEORGE POWER (Appellant)
BEFORE:
McMURTRY C.J.O., LASKIN and LANG JJ.A.
COUNSEL:
W. John McCulligh
for the appellant
Jamie Klukach
for the respondent
HEARD & ENDORSED:
October 21, 2005
On appeal from the conviction entered by Justice Joseph M. Fragomeni of the Superior Court of Justice dated March 26, 2003.
A P P E A L B O O K E N D O R S E M E N T
1The appellant acknowledges that the trial judge gave him an opportunity to retain counsel. He also acknowledges that when he refused that opportunity, the trial judge complied with his duty, as outlined by this court in McGibbon and assisted the appellant with the conduct of his defence.
2However, the appellant maintains that in order to have a fair trial, it was essential that he had counsel. We disagree.
3Instead, we agree with the Crown that the appellant conducted his defence intelligently and reasonably effectively, bearing in mind that his advocacy is not to be measured against the standard of an experienced defence counsel. Accordingly, the conviction appeal is dismissed.
4The trial judge gave thorough and reasoned reasons for sentence. We find no error in principle and we are satisfied that a five month custodial sentence was fit. Accordingly, the sentence appeal is also dismissed.
