Court File and Parties

CITATION: R. v. Savalanpour, 2008 ONCA 129

DATE: 20080222

DOCKET: C47444

COURT OF APPEAL FOR ONTARIO

ROSENBERG, SIMMONS and LAFORME JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

SAEED SAVALANPOUR

Appellant

Counsel: Jeff Berman for the appellant John Patton for the respondent

Heard and endorsed: February 19, 2008

On appeal from sentence imposed by Justice De Filippis of the Ontario Court of Justice dated January 11, 2007.

APPEAL BOOK ENDORSEMENT

[1] We see no basis for interfering with this sentence. The trial judge indicated to counsel that he did not consider that the joint submission was appropriate and gave counsel an opportunity to address his concerns. Defence counsel did not seek an adjournment to allow for the Crown who negotiated the resolution to attend. We see no obligation on the trial judge to adjourn the case, on his own motion, for that purpose.

[2] We agree with the trial judge that the joint submission was not appropriate and would have brought the administration of justice into disrepute.

[3] Accordingly, while leave to appeal is granted, the appeal is dismissed.