COURT OF APPEAL FOR ONTARIO
SHARPE, ARMSTRONG and WATT JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
DAVID KLOSS
Appellant
Christopher R. Murphy for the appellant
Joanne K. Stuart for the respondent
Heard: March 14, 2008
On appeal from the judgment of Justice A.R. Webster of the Ontario Court of Justice dated March 14, 2005.
APPEAL BOOK ENDORSEMENT
1The appellant submits that the trial judge erred by ignoring what was or what amounted to a joint submission. We do not agree that this was a joint submission or the equivalent. When defence counsel was asked at the outset, he stated that it was not a joint submission. It bore none of the hallmarks of a joint submission: there was no prior consideration or discussion and no reliance by the accused when entering his plea. At best, the Crown did not put forward a different position as to the length of sentence. The trial judge provided short but adequate reasons for imposing a four year sentence. The sentence was within the range and, given the appellant’s serious record for similar offences, it was fit.
2Leave to appeal sentence granted, but the appeal is dismissed.