CITATION: R. v. Bailey, 2008 ONCA 473
DATE: 20080613
DOCKET: C45440
COURT OF APPEAL FOR ONTARIO
ROSENBERG, ARMSTRONG and WATT JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
ABRAHAM CHESLEY BAILEY
Appellant
Harry J. Doan for the appellant
Moiz Rahman and Niall Gilks for the respondent
Heard and endorsed: June 11, 2008
On appeal from conviction by Justice B. Young of the Ontario Court of Justice dated March 21, 2005 and sentence imposed on May 5, 2005.
APPEAL BOOK ENDORSEMENT
[1] The only issue argued on appeal from conviction was the lack of proof of continuity. The evidence of continuity was established by direct and circumstantial evidence. We agree entirely with the complete reasons of Young J.
[2] There was a serious offence involving smuggling heroin into a correctional facility. The sentence imposed was fit.
[3] The appeal from conviction is dismissed. Leave to appeal sentence is refused.