Court of Appeal for Ontario

Date: 2006-03-03

Docket: C44283

Re: Her Majesty the Queen (Respondent) –and- Michael Wynter (Appellant)

Before: Laskin, Sharpe and LaForme JJ.A.

Counsel: Anthony E. McCusker, for the appellant Xenia Proestos, for the respondent

Heard & Endorsed: March 3, 2006

On appeal from the sentence imposed by Justice Richard E. Jennis of the Ontario Court of Justice on December 23, 2004.

Appeal Book Endorsement

[1] We are satisfied that the appellant received a fit sentence. He committed this offence while serving an intermittent sentence for the same offence. The amount of crack cocaine was substantial.

[2] In the light of these aggravating considerations, two years less a day is well within an appropriate range. Defence sought a probationary term, and we see no reason to interfere with it.

[3] Accordingly, though leave to appeal sentence is granted, the sentence appeal is dismissed.