CITATION: R. v. Kloss, 2008 ONCA 197

DATE: 20080319

DOCKET: C43964

COURT OF APPEAL FOR ONTARIO

SHARPE, ARMSTRONG and WATT JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

DAVID KLOSS

Appellant

Christopher R. Murphy for the appellant

Joanne K. Stuart for the respondent

Heard: March 14, 2008

On appeal from the judgment of Justice A.R. Webster of the Ontario Court of Justice dated March 14, 2005.

APPEAL BOOK ENDORSEMENT

[1] The appellant submits that the trial judge erred by ignoring what was or what amounted to a joint submission. We do not agree that this was a joint submission or the equivalent. When defence counsel was asked at the outset, he stated that it was not a joint submission. It bore none of the hallmarks of a joint submission: there was no prior consideration or discussion and no reliance by the accused when entering his plea. At best, the Crown did not put forward a different position as to the length of sentence. The trial judge provided short but adequate reasons for imposing a four year sentence. The sentence was within the range and, given the appellant’s serious record for similar offences, it was fit.

[2] Leave to appeal sentence granted, but the appeal is dismissed.