DATE: 20040922 DOCKET: C42101

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – ROBERT HARVEY FITZMORRIS (Appellant)

BEFORE:

WEILER and ROSENBERG JJ.A. and PARDU J. (ad hoc)

COUNSEL:

John R. Mann III

for the appellant

Anya Weiler

for the respondent

HEARD & ENDORSED:

September 20, 2004

On appeal from sentence imposed by Justice W. Brian Stead of the Ontario Court of Justice dated February 18, 2004.

APPEAL BOOK ENDORSEMENT

[1] The appellant pleaded guilty to trafficking in one gram of marijuana. Despite the appellant’s terrible record, the sentence had to be proportionate to the offence. See s. 718.1 of the Criminal Code. Leave to appeal sentence is granted, the appeal is allowed and the sentence reduced to time served.