COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) v. FRANKIE WILLIAMS (Applicant/Appellant)
BEFORE:
DOHERTY, MOLDAVER and LAFORME JJ.A.
COUNSEL:
Sam Scratch
for the appellant
Steve Coroza
for the respondent
HEARD & ENDORSED:
March 17, 2006
On appeal from the sentence imposed by Justice Nancy S. Kastner of the Ontario Court of Justice dated December 16, 2005.
A P P E A L B O O K E N D O R S E M E N T
1The trial judge appreciated the joint submission and articulated the proper test for departing from that joint submission. We see no error in her conclusion that the proposed sentence was wholly inadequate given that the appellant had two prior recent convictions for the same offence. The sentence was fit.
2The appeal is dismissed.