DATE: 20051110

DOCKET: C44050

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – GARFIELD FRANCIS (Appellant)

BEFORE:

GOUDGE, SIMMONS and ROULEAU JJ.A.

COUNSEL:

Terry P. Waltenbury

for the appellant

Tracy Stapleton

for the respondent

HEARD & ENDORSED:

November 8, 2005

On appeal from the conviction by Justice W. Guy Mahaffy of the Ontario Court of Justice dated May 11, 2005 and from the sentence imposed dated May 11, 2005.

A P P E A L B O O K E N D O R S E M E N T

[1] In our view there was no joint submission at trial nor did the trial judge regard it as such. The trial judge had ample basis for rejecting the Crown’s submission in order to protect the community. In our view the sentence cannot be said to be unfit. Leave to appeal granted. Sentence appeal dismissed.