COURT OF APPEAL FOR ONTARIO
Moldaver, Simmons and Blair JJ.A.
BETWEEN:
Her Majesty The Queen
Applicant/Appellant
and
Marvin Bryan
Respondent
Nicholas Devlin and Sarah Curtis, for the appellant
Howard L. Krongold, for the respondent
Heard and endorsed: March 31, 2011
On appeal from sentence imposed by Justice Michael Quigley of the Superior Court of Justice dated September 13, 2010.
APPEAL BOOK ENDORSEMENT
1Normally, in cases of this nature, sentences of 5 to 8 years would reflect the proper range for someone, without a record, convicted of possession for the purpose of trafficking in slightly more than a pound of cocaine. This case should not be taken as suggesting otherwise.
2However, in the unusual circumstances of this case, where there are fairness concerns arising out of the way in which the respondent was persuaded to plead and where there was some litigation risks involved, we are not satisfied that appellate intervention is warranted. In so concluding, we reiterate that the sentence imposed fell below the norm.
3Accordingly, while leave to appeal is granted, the appeal from sentence is dismissed.
