CITATION: R v. Harrington, 2007 ONCA 433
DATE: 20070614
DOCKET: C42966
COURT OF APPEAL FOR ONTARIO
BORINS and SHARPE JJ.A. and WATT J. (ad hoc)
BETWEEN:
HER MAJESTY THE QUEEN
(Respondent)
and
CHRISTOPHER HARRINGTON
(Appellant)
Peter Thorning for the appellant
James V. Palangio for the respondent
Heard: June 12, 2007
On appeal from the conviction entered on September 29, 2004 and the sentence imposed on November 1, 2004 by Justice J. Robert MacKinnon, sitting with a jury.
APPEAL BOOK ENDORSEMENT
[1] The appellant raised several grounds of appeal, none of which, in our view, has any merit. The conviction for robbery was not unreasonable, as there was evidence of violence and theft. Read as a whole, the charge to the jury would have made it clear to the jury that if the appellant was acting in self‑defence he would not have been guilty of the robbery. The appellant’s presence to assist Ritchie in carrying out the offer to traffick in marijuana evidences his guilt as either an aider or abettor. With regard to the other grounds of appeal, no objection was taken by trial counsel and we are not persuaded that we should interfere. In sentencing the appellant, we are satisfied that the trial judge committed no error in principle and that the sentence was fit.
[2] Therefore, we would dismiss the appeal from conviction. We grant leave to appeal sentence, and dismiss the appeal from sentence.
[3] With consent of the appellant’s counsel, we would vacate the stay entered on the conviction for possession of a firearm while prohibited, and enter a conviction and impose a sentence of six months to be served concurrently with all other sentences.