DATE: 20060310

DOCKET: C41307

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – JAMES BROPHY (Appellant)

BEFORE:

ROSENBERG, BORINS AND LANG JJ.A.

COUNSEL:

Craig Parry

for the appellant

Deborah Calderwood

for the respondent

HEARD & ENDORSED:

March 9, 2006

On appeal from sentence imposed by Justice Bruce Frazer of the Ontario Court of Justice dated September 30, 2003.

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

[1] The sentence imposed was within the range, and the trial judge made no error in principle. This was not a case of a joint submission and it is apparent that the accused had not relied upon any submission Crown counsel intended to make. The submission by Crown counsel was in any event merely a suggestion of a range. The sentence imposed by the trial judge was not such a great departure from that suggestion as to require any specific explanation.

[2] Leave to appeal sentence is granted but the appeal is dismissed.