Court of Appeal for Ontario

Citation: R. v. Douglas, 2008 ONCA 358

Date: 2008-05-06

Docket: C43610

Before: DOHERTY, ROSENBERG and ROULEAU JJ.A.

Between:

HER MAJESTY THE QUEEN

Respondent

and

BLAKE STANLEY DOUGLAS

Applicant/Appellant

Counsel:

Robert Sheppard for the appellant

Dan Guttman for the respondent

Heard and endorsed: May 5, 2008

On appeal from sentence imposed by Justice A. R. Webster of the Ontario Court of Justice dated February 1, 2005.

APPEAL BOOK ENDORSEMENT

[1] After being sentenced on these offences the appellant was sentenced for further offences and counsel fairly concedes that totality was taken into account on that occasion. Further, the joint submission may have been based on an incorrect assumption that this was a first penitentiary sentence. Finally, three years have now elapsed since sentence was imposed. The appellant has been charged with further offences and is being held without bail in those charges. The appeal at this point would therefore have no practical impact.

[2] Accordingly, leave to appeal is refused.