COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN –and- DEWITT BLACKWOOD
BEFORE:
CATZMAN, SIMMONS and BLAIR JJ.A.
COUNSEL:
Joseph Wilkinson
for the appellant
Nick Devlin and Ruth McGuirl
for the respondent
HEARD AND ENDORSED:
June 29, 2005
On appeal from the sentence imposed by Justice Edward Ormston of the Ontario Court of Justice on September 2, 2004.
A P P E A L B O O K E N D O R S E M E N T
1We would grant leave to appeal against sentence but would dismiss the appeal. The sentencing judge was entitled to treat this as a case calling for the maximum penalty on the illegal entry offence given the pattern of the appellant’s crimes and association with a succession of illegal entries, quite apart from his consideration of the other offences for which the appellant was before the court.
2While it would have been preferable had the sentencing judge clearly enunciated the credit that he was giving for pretrial custody, we are satisfied that the total sentence imposed was fit.
3The appeal is dismissed.