Court of Appeal for Ontario
Before: Goudge, Juriansz and Epstein JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Rennie Douglas Lush
Applicant/Appellant
Counsel:
Robert Sheppard, for the appellant
J. Sandy Tse, for the respondent
Heard: November 28, 2013
On appeal from the sentence imposed on December 18, 2012 by Justice Wayne G. Rabley of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1The appellant argues that the sentence imposed was unfit and that the sentencing judge erred in principle by imposing an effective three year sentence in excess of the Crown’s position of two years less a day, without allowing submissions on his proposed sentence.
2In our view, assuming the sentencing judge would have been better to afford counsel the chance to make submissions, we think the sentence imposed was fit, and one we agree with. The sentence was imposed for a lengthy spree of offences done in an organized and professional manner across a swath of southwest Ontario.
3There is no basis for us to interfere with it.