COURT OF APPEAL FOR ONTARIO
WEILER, FELDMAN and JURIANSZ JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
BARRY RAMOS
Appellant
Counsel:
Ingrid Grant, for the appellant
Gillian Roberts, for the respondent
Heard: May 2, 2007
On appeal from the sentence imposed on January 12, 2007 by Justice Nick Borkovich of the Superior Court of Justice, sitting with a jury.
APPEAL BOOK ENDORSEMENT
1The trial judge did not err in principle in respecting the joint submission. While he did not explicitly advert to the test for “justifying a joint submission” he effectively did what the test requires. In concluding that the sentence advocated for would be insufficient to protect the public interest. He further explained that three years probation would be insufficient given that the appellant had broken prior probation orders on at least six other occasions. Accordingly while leave to appeal sentence is granted, the appeal as to sentence is dismissed.