COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Respondent) v. TIMOTHY EDWARD BOND (Appellant)
BEFORE: DOHERTY, LASKIN and FELDMAN JJ.A.
COUNSEL:
Jennifer C. Gleitman for the appellant
Amy Alyea for the respondent
HEARD & ENDORSED: January 14, 2005
On appeal from the sentence imposed by Justice P.H. Megginson of the Superior Court of Justice dated March 22, 2002.
A P P E A L B O O K E N D O R S E M E N T
1The appellant contends that the sentence imposed does not give adequate weight to the totality principle. The appellant was serving a substantial sentence when this sentence was imposed. The appellant committed these offences (extortion and threatening) while in custody for offences committed against the same complainant.
2Totality was addressed in the submissions of counsel. Although the trial judge did not refer to totality in his brief reasons, the sentence actually imposed (3 years) reflects recognition of the totality principle. But for the existing sentence, these serious offences would have merited a longer sentence given the offender’s terrible criminal record.
3The appeal is dismissed.