DATE: 20050907

DOCKET: C44016

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – PETER BRAMMALL (Applicant/Appellant)

BEFORE:

WEILER, BLAIR and LaFORME JJ.A.

COUNSEL:

Edward Conway

for the appellant

Michael Fairburn

for the respondent

HEARD & ENDORSED:

September 7, 2005

On appeal from the sentence imposed by Justice P. R. Belanger of the Superior Court of Justice on August 11, 2005.

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

[1] This is a sentence appeal. The appellant was sentenced to a period of 75 days after pleading guilty to six criminal offences. The sentencing judge reduced this sentence by a further five days for an alleged Charter breach. The appellant was sentenced on August the 11th, 2005, leave to appeal sentence was given on August 23rd, 2005 on an expedited basis and on September 1st, 2005, the appeal was ordered to be heard on September 7th, 2005. The only issue on this appeal is whether the further five day reduction for the alleged Charter breach was sufficient to recognize the fact the appellant’s bail hearing was not heard in a more timely fashion.

[2] It is conceded that the overall sentence was otherwise fit and proper. Assuming the sentencing judge was correct in finding a Charter breach, we are not persuaded there was any error in the manner in which the sentencing judge exercised his discretion.

[3] Accordingly the appeal is dismissed.