DATE: 20050204
DOCKET: M31198 (C33837)
COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – JAMES ROBINSON (Applicant)
BEFORE:
LASKIN, ROSENBERG and LaFORME JJ.A.
COUNSEL:
Fergus J. (Chip) O’Connor
for the applicant
Kenneth L. Campbell
for the respondent
HEARD AND RELEASED ORALLY:
February 2, 2005
E N D O R S E M E N T
[1] On the evidence before us, we accept that the appellant has consistently maintained an intent to appeal the dangerous offender finding and that he bears no fault for its dismissal in February 2002. However, for us to now set aside the dismissal order of this court, we would have to at least be satisfied that the appeal has some underlying merit.
[2] The material before us does not demonstrate any merit. Even assuming that the appellant could take advantage of the long-term offender provisions of the Criminal Code and the Supreme Court of Canada’s decision in R. v. Johnson (2003), 2003 SCC 46, 177 C.C.C. (3d) 97, we have no evidence to show that the serious risk to re-offend the appellant poses can be managed by community supervision. Indeed the expert evidence shows the contrary.
[3] On this ground alone, we are not persuaded that the interests of justice favour reinstating the appellant’s appeal.
[4] Accordingly, the application is dismissed.
“John Laskin J.A.”
“Marc Rosenberg J.A.”
“H.S. LaForme J.A.”