DATE: 20040305

DOCKET: C38762

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – WILLIAM JOHN BOLTON (Appellant)

BEFORE:

FELDMAN, SHARPE JJ.A. and McCOMBS J. (ad hoc)

COUNSEL:

Edward L. Burlew

for the appellant

Kim Crosbie

for the respondent

HEARD & ENDORSED:

March 5, 2004

On appeal from sentence imposed by Justice Alfred Stong of the Superior Court of Justice on August 15, 2002.

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

[1] The appellant seeks a reduction in the portion of the sentence where the trial judge imposed a five-year prohibition on the possession of firearms, ammunition or gunpowder. The appellant seeks this reduction because he was prohibited from such possession for a period of four and a half years pre-trial. We would not give effect to this submission. In our view, the total length of the prohibition was entirely appropriate in the circumstances of this offence. Leave to appeal sentence is granted but the appeal is dismissed.

Signed: “K. Feldman J.A.”