DATE: 20051028

DOCKET: C41225

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – GEORGE POWER (Appellant)

BEFORE:

McMURTRY C.J.O., LASKIN and LANG JJ.A.

COUNSEL:

W. John McCulligh

for the appellant

Jamie Klukach

for the respondent

HEARD & ENDORSED:

October 21, 2005

On appeal from the conviction entered by Justice Joseph M. Fragomeni of the Superior Court of Justice dated March 26, 2003.

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

[1] The appellant acknowledges that the trial judge gave him an opportunity to retain counsel. He also acknowledges that when he refused that opportunity, the trial judge complied with his duty, as outlined by this court in McGibbon and assisted the appellant with the conduct of his defence.

[2] However, the appellant maintains that in order to have a fair trial, it was essential that he had counsel. We disagree.

[3] Instead, we agree with the Crown that the appellant conducted his defence intelligently and reasonably effectively, bearing in mind that his advocacy is not to be measured against the standard of an experienced defence counsel. Accordingly, the conviction appeal is dismissed.

[4] The trial judge gave thorough and reasoned reasons for sentence. We find no error in principle and we are satisfied that a five month custodial sentence was fit. Accordingly, the sentence appeal is also dismissed.