DATE: 20051213

DOCKET: C44301

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) v. CHRISTOPHER GRAHAM (Appellant)

BEFORE: DOHERTY, SHARPE and LANG JJ.A.

COUNSEL: Sam Scratch for the appellant Ian Bulmer for the respondent

HEARD & ENDORSED: December 8, 2005

On appeal from the sentence imposed by Justice DeFillipis of the Ontario Court of Justice dated July 7, 2005.

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

[1] The trial judge was aware of the test to be applied in deciding whether to depart from a joint submission. We cannot say that he erred in principle in concluding that the proposed sentence would bring the administration of justice into disrepute.

[2] There is no basis for any claim that the procedure followed at trial caused any unfairness. There is no suggestion that there are any factors that could have assisted the appellant that were not put before the trial judge had he given counsel a further opportunity to make submissions after he decided that the joint submission was unacceptable.

[3] The total sentence imposed was within the range.

[4] The appeal is dismissed.