Court of Appeal for Ontario
Date: 2018-12-21 Docket: C61715
Judges: Juriansz, Brown and Roberts JJ.A.
Between
Her Majesty the Queen Respondent
and
Lawrence John Dowser Appellant
Counsel
Michael Dineen, for the appellant
Andrew Cappell, for the respondent
Hearing
Heard: December 19, 2018
On appeal from the conviction entered on March 18, 2015 and the sentence imposed on April 22, 2015, and amended May 22, 2015, by Justice Brian W. Abrams of the Superior Court of Justice, sitting with a jury.
Appeal Book Endorsement
1We see no merit in this appeal. The appellant raises matters to which defence counsel at trial did not object, and which did not affect the fairness of the trial.
2The appeal is dismissed.
3Leave is granted to appeal sentence and the sentence appeal is allowed. The Crown concedes the trial judge made calculation errors. In the circumstances, we accept the appellant's submissions the sentence imposed should have been time served.
4We vary the sentence accordingly.