DATE: 20060310

DOCKET: C44257

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Applicant (Appellant)) – and – RALPH WAYNE McDONELL (Respondent)

BEFORE:

ROSENBERG, BORINS AND LANG JJ.A.

COUNSEL:

Lance Beechener

for the appellant

Kristian Bonn

for the respondent

HEARD & ENDORSED:

March 9, 2006

On appeal from sentence imposed by Justice S.J. Hunter of the Ontario Court of Justice dated February 7, 2005.

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

[1] Assuming this appeal was brought in time, leave to appeal sentence is refused. The trial judge acceded to a joint submission that was clearly taken on both occasions. Had the trial judge made the order that should have been made, the respondent would have served the sentence by this time.