DATE: 20050630

DOCKET: C43037

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN –and- DEWITT BLACKWOOD

BEFORE:

CATZMAN, SIMMONS and BLAIR JJ.A.

COUNSEL:

Joseph Wilkinson

for the appellant

Nick Devlin and Ruth McGuirl

for the respondent

HEARD AND ENDORSED:

June 29, 2005

On appeal from the sentence imposed by Justice Edward Ormston of the Ontario Court of Justice on September 2, 2004.

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

[1] We would grant leave to appeal against sentence but would dismiss the appeal. The sentencing judge was entitled to treat this as a case calling for the maximum penalty on the illegal entry offence given the pattern of the appellant’s crimes and association with a succession of illegal entries, quite apart from his consideration of the other offences for which the appellant was before the court.

[2] While it would have been preferable had the sentencing judge clearly enunciated the credit that he was giving for pretrial custody, we are satisfied that the total sentence imposed was fit.

[3] The appeal is dismissed.