Court of Appeal for Ontario
Between:
Her Majesty the Queen Respondent
and
Craig Lawrence Gruden Applicant/Appellant
Before: Goudge, LaForme and Rouleau JJ.A.
Counsel: Robert Sheppard, for the appellant Myfanwy Smith, for the respondent
Heard: November 30, 2011
On appeal from the sentence imposed by Justice W Rabley of the Ontario Court of Justice on June 28, 2011.
APPEAL BOOK ENDORSEMENT
1The 12 month sentence imposed by the trial judge increased the joint submission at trial twelve fold. In doing so the trial judge in our view overemphasized the fact of the dangerousness of the drug involved.
2He also gave too short shrift to the lack of severity of the crime itself, particularly its very low level of sophistication, and the very unfortunate circumstances and background of the offender.
3On appeal, the appellant and the Crown both submit that this is an error in principle and the appropriate sentence is six months together with the probation imposed at trial.
4We agree. Leave granted, appeal allowed and sentence varied accordingly.
