DATE: 20011115 DOCKET: C36527

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – BLAKE STANLEY DOUGLAS (Appellant)

BEFORE:

MORDEN, CARTHY and MOLDAVER JJ.A.

COUNSEL:

Marc E. Schiffer for the appellant

Randy Schwartz for the respondent

HEARD:

November 8, 2001

RELEASED ORALLY:

November 8, 2001

E N D O R S E M E N T

[1] With respect to the conviction of break, enter and theft, on the particular facts of this case relating to the telephone found at the scene of the offence and to the replacement phone, we are satisfied that there was a reasonable basis for the conviction. We do not think that the trial judge’s reference to the doctrine of recent possession had any material effect on his conclusion.

[2] We are also satisfied that the evidence relating to the count of attempt break and enter afforded a reasonable basis for conviction.

[3] With respect to the sentence, the crown concedes that the sentence imposed fell outside the range of sentences imposed in like cases and submitted, as did crown counsel at trial, that a sentence of eighteen months would be appropriate. We accept this position.

[4] The appeal from conviction is dismissed, leave to appeal sentence is granted and the total sentence is varied to eighteen months concurrent on each count.

“J.W. Morden J.A.”

“J.J. Carthy J.A.”

“M.J. Moldaver J.A.”