Court File and Parties

CITATION: R. v. Vandendool, 2007 ONCA 498

DATE: 20070703

DOCKET: C46040

COURT OF APPEAL FOR ONTARIO

DOHERTY, FELDMAN and MACPHERSON JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN Respondent

and

MARK STEVEN VANDENDOOL Appellant

Counsel: Crystal Tomusiak for the appellant John McInnes for the respondent

Heard: July 3, 2007

On appeal from the sentence imposed by Justice David G. Carr of the Ontario Court of Justice on September 15, 2006.

APPEAL BOOK ENDORSEMENT

[1] The appellant received sentences totalling five years on his pleas of guilty to charges arising out of a bank robbery and an attempted bank robbery. The total sentence included two one year sentences (consecutive) for two charges of committing an indictable offence while armed with an imitation firearm. The appellant was not charged with these offences, although it seems that counsel and the trial judge assumed he was subject to the one year minimum sentence provided in s. 85.

[2] On consent, the appeal is allowed, the two one year sentences are deleted and the total sentence is varied to three years; two years on the robbery and one year consecutive on the attempted robbery. The DNA order stands.