Court File and Parties
COURT OF APPEAL FOR ONTARIO
SHARPE, ARMSTRONG and WATT JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
KHAMIDI FERDINAND
Appellant
Daniel A. Stein for the appellant
Peter Scrutton for the respondent
Heard: March 13, 2008
On appeal from the sentence imposed by Justice D. McCombs of the Superior Court of Justice dated December 20, 2006.
APPEAL BOOK ENDORSEMENT
1We do not agree that the sentence imposed is inconsistent with the parity principle. There was a basis on the evidence for the trial judge to conclude that the appellant’s degree of culpability and responsibility was greater than that of his co-accused. In particular, there was evidence that the appellant’s identification was found in a bag containing weapons, drugs and a substantial quantity of cash thereby, tying him directly to control over these items. These were extremely serious offences and we see no reason to interfere with the sentence.
2Accordingly, leave to appeal is granted but the appeal against sentence is dismissed.