DATE: 20040202

DOCKET: C40333

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – JAMES LAWSON (Applicant/Appellant)

BEFORE:

DOHERTY, LASKIN and ROSENBERG JJ.A.

COUNSEL:

Christopher Hicks for the applicant/appellant

Roger Pinnock for the respondent

HEARD:

January 23, 2004

On appeal from the sentence imposed by Justice Cooper of the Ontario Court of Justice dated February 25, 2003.

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

[1] There was a joint submission for three years. The appellant has a terrible record mainly for property related offences. He pled guilty to a number of property related offences. He is however, a young man who has never been sentenced to more than six months in jail before. He is working to overcome a serious addiction.

[2] We think the proposed sentence was within the appropriate range in all of the circumstances. Consequently, the trial judge erred in “jumping” the joint submission and imposing a sentence of five years. To give effect to the joint submission, we would impose a total sentence of three years. We would grant leave to appeal sentence, allow the appeal and vary the sentence by making the one-year sentence imposed on the break-in at Pembleton residence, and the one-year sentence imposed in the break-in at the residence at 216 Ivon Ave. concurrent to the sentences imposed in the remaining break and enter resulting in a total sentence of three years.

[3] We would not interfere with the restitution order.