CITATION: R. v. Ruggiero, 2008 ONCA 314

DATE: 20080425

DOCKET: C47656

COURT OF APPEAL FOR ONTARIO

LASKIN, SIMMONS AND LANG JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

RUEBEN RUGGIERO

Applicant/Appellant

Alan D. Gold for the appellant

Hugh O’Connell and Jeremy Streeter for the respondent

Heard and endorsed: April 21, 2008

On appeal from the conviction entered by Justice Gerald F. Day of the Superior Court of Justice dated April 27, 2007 and from the sentence imposed by Justice Day dated September 4, 2007.

APPEAL BOOK ENDORSEMENT

[1] Following a guilty plea on the fifth day of trial to charges of possession of cocaine for the purposes of trafficking and possession of ecstasy for the purposes of trafficking the appellant was sentenced to forty-one months' imprisonment, in addition to 7 months' credit for restrictive pre-sentence bail.

[2] Having regard to his plea of guilty, his positive antecedents and what the appellant submits was his limited role in the offence, the appellant claims that the sentencing judge overlooked rehabilitation and that the sentence was unduly harsh in the circumstances.

[3] We disagree. As was pointed out by the sentencing judge this offence involved 769.22 grams of cocaine, including 517.96 grams of crack, and 2000 ecstasy pills. Having regard to the seriousness of the offence, in our view the sentence imposed was fit. Although the sentencing judge's reasons were brief, it is clear that he adverted to the mitigating factors present. We see no error in principle.

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