DATE: 20031212

DOCKET: C39415

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Applicant/Appellant) –and– JASON DAVIDSON (Respondent)

BEFORE:

O’CONNOR A.C.J.O., FELDMAN and GILLESE JJ.A.

COUNSEL:

Feroza Bhabha

for the appellant

Peter Beach

for the respondent

HEARD AND ENDORSED:

December 5, 2003

On appeal from the sentence imposed by Justice Jean-Marie Bordeleau of the Ontario Court of Justice on December 17, 2002.

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

[1] Taking into account the pre-trial custody on a 2:1 basis and the time spent at Harvest House on a 1:1 basis, the sentence for the home invasion was the equivalent of just under 4½ years. That sentence cannot be said to be unfit, nor does it represent an error in principle.

[2] However, we agree with the Crown that the sentence of 6 months for the assault on the taxi driver should be consecutive to the other sentences imposed.

[3] The two offences – the home invasion and the assault on the taxi driver – were completely unrelated and the totality of the sentences, if concurrent, would be inadequate for those offences.

[4] Leave to appeal is granted, the appeal is allowed and the sentence of 6 months for assault causing bodily harm on the taxi driver committed September 2, 2000 is made consecutive to the other sentences.