COURT OF APPEAL FOR ONTARIO

DATE: 20050209

DOCKET: C41432

RE: HER MAJESTY THE QUEEN (Respondent) – and – MICHAEL CAMERON (Appellant)

BEFORE: ROSENBERG, SIMMONS and LANG JJ.A.

COUNSEL: Anthony E. McCusker for the appellant Anya Weiler for the respondent

HEARD & ENDORSED: February 7, 2005

On appeal from sentence imposed by Justice R. Jennis of the Ontario Court of Justice dated January 30, 2004.

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

[1] In view of the pre-trial custody the trial judge imposed an effective sentence of twenty-seven months in the penitentiary. That was out of the range given the circumstances of the offence. That said, a substantial jail sentence was required given the appellant’s record and that he was on probation. We see no purpose in probation for this appellant. Given the amount of the drug and the Crown’s position at trial, a sentence of eighteen months would be appropriate.

[2] Accordingly leave to appeal sentence is granted, the appeal is allowed and the sentence for possession for the purposes is reduced to eighteen months imprisonment. The probation order is set aside.