Court of Appeal for Ontario
Before: DOHERTY, ROSENBERG and ROULEAU JJ.A.
Between:
HER MAJESTY THE QUEEN
Respondent
and
BLAKE STANLEY DOUGLAS
Applicant/Appellant
Counsel:
Robert Sheppard for the appellant
Dan Guttman for the respondent
Heard and endorsed: May 5, 2008
On appeal from sentence imposed by Justice A. R. Webster of the Ontario Court of Justice dated February 1, 2005.
APPEAL BOOK ENDORSEMENT
1After being sentenced on these offences the appellant was sentenced for further offences and counsel fairly concedes that totality was taken into account on that occasion. Further, the joint submission may have been based on an incorrect assumption that this was a first penitentiary sentence. Finally, three years have now elapsed since sentence was imposed. The appellant has been charged with further offences and is being held without bail in those charges. The appeal at this point would therefore have no practical impact.
2Accordingly, leave to appeal is refused.
