Court of Appeal for Ontario
Date: 2017-07-20 Docket: C62830
Panel: Hoy A.C.J.O., Simmons and Brown JJ.A.
Between
Her Majesty the Queen Respondent
and
Richard Gamble Appellant
Counsel
For the Appellant: Enzo Rondinelli Richard Gamble, appearing in person
For the Respondent: Michael Bernstein
Hearing and Appeal
Heard: July 13, 2017
On appeal from the sentence imposed by Justice R.J. Harper, of the Superior Court of Justice, dated October 11, 2016.
Appeal Book Endorsement
1The trial judge imposed a sentence of 13 years' incarceration, after credit for pre-sentence custody. Possibly inadvertently, the trial judge imposed a sentence that exceeded the Crown's position by two years without providing the parties with an opportunity to make further submissions.
2This was an error in principle. However, in our view, the sentence imposed by the trial judge was entirely fit, given the circumstances of the offence and the offender reviewed in the trial judge's reasons for sentence.
3The sentence the trial judge imposed was based on that proposed by the Crown, before factoring in the principles of proportionality and totality. In this case, those principles did not warrant a reduction from the starting number proposed by the Crown.
4Accordingly, leave to appeal sentence is granted, but the appeal is dismissed.