DATE: 20050118

DOCKET: C40673

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) v. TIMOTHY EDWARD BOND (Appellant)

BEFORE: DOHERTY, LASKIN and FELDMAN JJ.A.

COUNSEL:

Jennifer C. Gleitman for the appellant

Amy Alyea for the respondent

HEARD & ENDORSED: January 14, 2005

On appeal from the sentence imposed by Justice P.H. Megginson of the Superior Court of Justice dated March 22, 2002.

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

[1] The appellant contends that the sentence imposed does not give adequate weight to the totality principle. The appellant was serving a substantial sentence when this sentence was imposed. The appellant committed these offences (extortion and threatening) while in custody for offences committed against the same complainant.

[2] Totality was addressed in the submissions of counsel. Although the trial judge did not refer to totality in his brief reasons, the sentence actually imposed (3 years) reflects recognition of the totality principle. But for the existing sentence, these serious offences would have merited a longer sentence given the offender’s terrible criminal record.

[3] The appeal is dismissed.