Court File and Parties

CITATION: R. v. Ferdinand, 2008 ONCA 184

DATE: 20080314

DOCKET: C47572

COURT OF APPEAL FOR ONTARIO

SHARPE, ARMSTRONG and WATT JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

KHAMIDI FERDINAND

Appellant

Daniel A. Stein for the appellant

Peter Scrutton for the respondent

Heard: March 13, 2008

On appeal from the sentence imposed by Justice D. McCombs of the Superior Court of Justice dated December 20, 2006.

APPEAL BOOK ENDORSEMENT

[1] We do not agree that the sentence imposed is inconsistent with the parity principle. There was a basis on the evidence for the trial judge to conclude that the appellant’s degree of culpability and responsibility was greater than that of his co-accused. In particular, there was evidence that the appellant’s identification was found in a bag containing weapons, drugs and a substantial quantity of cash thereby, tying him directly to control over these items. These were extremely serious offences and we see no reason to interfere with the sentence.

[2] Accordingly, leave to appeal is granted but the appeal against sentence is dismissed.