COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Applicant (Appellant)) – and – RALPH WAYNE McDONELL (Respondent)
BEFORE:
ROSENBERG, BORINS AND LANG JJ.A.
COUNSEL:
Lance Beechener
for the appellant
Kristian Bonn
for the respondent
HEARD & ENDORSED:
March 9, 2006
On appeal from sentence imposed by Justice S.J. Hunter of the Ontario Court of Justice dated February 7, 2005.
A P P E A L B O O K E N D O R S E M E N T
1Assuming this appeal was brought in time, leave to appeal sentence is refused. The trial judge acceded to a joint submission that was clearly taken on both occasions. Had the trial judge made the order that should have been made, the respondent would have served the sentence by this time.