CITATION: R v. Ramos, 2007 ONCA 341

DATE: 20070507

DOCKET: C46698

COURT OF APPEAL FOR ONTARIO

WEILER, FELDMAN and JURIANSZ JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

BARRY RAMOS

Appellant

Counsel:

Ingrid Grant, for the appellant

Gillian Roberts, for the respondent

Heard: May 2, 2007

On appeal from the sentence imposed on January 12, 2007 by Justice Nick Borkovich of the Superior Court of Justice, sitting with a jury.

APPEAL BOOK ENDORSEMENT

[1] The trial judge did not err in principle in respecting the joint submission. While he did not explicitly advert to the test for “justifying a joint submission” he effectively did what the test requires. In concluding that the sentence advocated for would be insufficient to protect the public interest. He further explained that three years probation would be insufficient given that the appellant had broken prior probation orders on at least six other occasions. Accordingly while leave to appeal sentence is granted, the appeal as to sentence is dismissed.