COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – JAMES BROPHY (Appellant)
BEFORE:
ROSENBERG, BORINS AND LANG JJ.A.
COUNSEL:
Craig Parry
for the appellant
Deborah Calderwood
for the respondent
HEARD & ENDORSED:
March 9, 2006
On appeal from sentence imposed by Justice Bruce Frazer of the Ontario Court of Justice dated September 30, 2003.
A P P E A L B O O K E N D O R S E M E N T
1The sentence imposed was within the range, and the trial judge made no error in principle. This was not a case of a joint submission and it is apparent that the accused had not relied upon any submission Crown counsel intended to make. The submission by Crown counsel was in any event merely a suggestion of a range. The sentence imposed by the trial judge was not such a great departure from that suggestion as to require any specific explanation.
2Leave to appeal sentence is granted but the appeal is dismissed.