DATE: 20060127

DOCKET: C43116

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – VERITON DODD (Appellant)

BEFORE:

MCMURTRY C.J.O., GOUDGE and BORINS JJ.A.

COUNSEL:

Paul Calarco

for the appellant

Steve A. Coroza and Brian G. Puddington

for the respondent

HEARD & RELEASED ORALLY:

January 26, 2006

On appeal from the conviction entered September 3, 2004 and the sentence imposed October 21, 2004 by Justice Irving W. Andre of the Ontario Court of Justice.

E N D O R S E M E N T

[1] Veriton Dodd appeals from his conviction for possession of crack cocaine for the purpose of trafficking. He also seeks leave to appeal his sentence of two and a half years, imposed after the trial judge took into consideration nine months of pre‑sentence custody.

[2] The appellant’s position is that his s. 8 and s. 9 Charter rights were violated when he was arrested and charged with possession of 103 grams of crack cocaine for the purpose of trafficking. We agree with the reasons of the trial judge for concluding that there was no violation of the appellant’s Charter rights.

[3] In particular, the trial judge made the following finding at p. 28 of his reasons for judgment:

… The officers had a legitimate reason to investigate the accused since they believed be he could be the man wanted in Ottawa and Quebec on charges of assault, fail to appear, possession of a controlled substance, and possession of a controlled substance for the purpose of trafficking.

There was ample evidence to support this finding. Consequently, we would dismiss the appeal from conviction.

[4] As for the sentence appeal, we would grant leave to appeal and dismiss the appeal. In imposing sentence the trial judge made no error in principle and the sentence imposed is within the appropriate range when considering the circumstances of the offence and the offender.

“R. Roy McMurtry C.J.O.”

“S. T. Goudge J.A.”

“S. Borins J.A.”