DATE: 20050401

DOCKET: C40946

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – RONALD RAPHAEL GEORGE (Appellant)

BEFORE:

WEILER, BORINS and ARMSTRONG JJ.A.

COUNSEL:

James Lockyer

for the appellant

Nick Devlin

for the respondent

HEARD & RELEASED ORALLY:

March 29, 2005

On appeal from the sentence imposed on May 10, 2003 by Justice Ian V.B. Nordheimer of the Superior Court of Justice, sitting without a jury.

E N D O R S E M E N T

[1] The real issue in this appeal is whether the total sentence of nine years is fit. In our opinion it is. The appellant was found guilty of 26 charges. The amount of drugs involved was significant. He was found in possession for the purposes of trafficking of 135 grams of powder cocaine, 209 grams of crack cocaine and possession of 41 grams of marijuana. He was also found in possession of $10,980 of counterfeit money. Despite being subject to a lifetime prohibition from owning weapons, the appellant had four guns and 355 rounds of ammunition.

[2] The appellant served 7 months pretrial custody. Although the trial judge did not specifically indicate how he took into account pretrial custody, the appellant’s counsel assumed that he was credited with fourteen months and that he therefore received a sentence equivalent to 10 years and two months. In our opinion the total sentence was not outside the range for these serious offences and this offender. The trial judge was entitled to impose the sentence he did. Accordingly although leave to appeal sentence is granted, the appeal as to sentence is dismissed.

“K. M. Weiler J.A.”

“S. Borins J.A.”

“Robert P. Armstrong J.A.”