DATE: 20060320

DOCKET: C44734

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. FRANKIE WILLIAMS (Applicant/Appellant)

BEFORE:

DOHERTY, MOLDAVER and LAFORME JJ.A.

COUNSEL:

Sam Scratch

for the appellant

Steve Coroza

for the respondent

HEARD & ENDORSED:

March 17, 2006

On appeal from the sentence imposed by Justice Nancy S. Kastner of the Ontario Court of Justice dated December 16, 2005.

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

[1] The trial judge appreciated the joint submission and articulated the proper test for departing from that joint submission. We see no error in her conclusion that the proposed sentence was wholly inadequate given that the appellant had two prior recent convictions for the same offence. The sentence was fit.

[2] The appeal is dismissed.