DATE: 20050211

DOCKET: C42256

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. ALAN DWAYNE EVANS (Appellant)

BEFORE:

McMURTRY C.J.O., DOHERTY & MacFARLAND JJ.A.

COUNSEL:

Alex Burns

for the appellant

Sandra Kingston

for the respondent

HEARD & ENDORSED:

February 11, 2005

On appeal from the sentence imposed by Justice B. Zabel dated July 15, 2004.

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

[1] In our view, the sentencing judge alluded to the proper principles for not following the joint submission and gave sufficient reasons in that regard.

[2] With respect to the discrepancy in sentences imposed on the two accused, there was a difference in their prior criminal records as well as a difference in relation to the involvement of each accused.

[3] We therefore find no error in principle in the sentence imposed. Leave to appeal sentence granted but the appeal is dismissed.