DATE: 20030820

DOCKET: C39079

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – JOHN REID (Appellant)

BEFORE:

DOHERTY, CHARRON and ARMSTRONG JJ.A.

COUNSEL:

Neil R. Jones

for the appellant

Christine Tier

for the respondent

HEARD:

August 20, 2003

On appeal from the sentence of Justice D. Cooper dated February 5, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] The totality issue was not addressed directly by the trial judge, however in our view the remnant of the prior sentence was not such as to warrant reduction of what would otherwise be an appropriate sentence for this offence.

[2] We are not satisfied that the trial judge made any error in principle or that the sentence is demonstrably unfit.

[3] The post conviction fresh evidence does not persuade us to interfere.

[4] Application for leave granted. Appeal dismissed.

“Doherty. J.A.”