Court of Appeal for Ontario

Citation: R. v. Huisman, 2008 ONCA 514

Date: 20080625

Docket: C48558

Before: ROSENBERG, SIMMONS JJ.A. and SPEYER J. (ad hoc)

Between:

HER MAJESTY THE QUEEN

Respondent

and

JOSEPH BRIAN HUISMAN

Appellant

Counsel:

James Zegers for the appellant

Chris Dwornikiewicz for the respondent

Heard and endorsed: June 24, 2008

On appeal from sentence imposed by Justice Eleanor M. Schnall of the Ontario Court of Justice dated December 7, 2007.

APPEAL BOOK ENDORSEMENT

[1] While it would have been preferable if the trial judge had more explicitly given counsel an opportunity to address the joint submission, we are satisfied that there was an opportunity when there was a break in the proceedings.

[2] In any event, we agree with the trial judge that the joint submission was grossly inadequate and that this is one of the rare cases where it was necessary not to impose sentence in accordance with the joint submission.

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