Court of Appeal for Ontario
Before: Rosenberg, Juriansz and Epstein JJ.A.
Between:
Her Majesty the Queen Respondent
and
Michael Schumacher Appellant
Counsel: Mark Halfyard, for the appellant David P. Finley, for the respondent
Heard: June 28, 2012
On appeal from the sentence imposed on January 11, 2011 by Justice Bruce J. Frazer of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1We are satisfied that the trial judge did not err in finding that the joint submission was contrary to the public interest.
2That said, having decided to jump the joint submission the trial judge had to give effect to his own findings that the appellant’s involvement was different from that of King who was clearly the instigator and main actor in the offences. It therefore falls to this court to impose the appropriate sentence. Given the appellant’s lesser role, the pre-trial custody, the time spent on house arrest and most importantly the compelling fresh evidence we think the appropriate sentence is 9 months imprisonment.
3Accordingly the appeal is allowed, the sentence reduced to 9 months imprisonment. The probation order will remain on the same terms as imposed by the trial judge.