Court File and Parties

CITATION: R. v. Odish, 2008 ONCA 754

DATE: 20081107

DOCKET: C47034 & C47567

COURT OF APPEAL FOR ONTARIO

Sharpe, Lang and Epstein JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

and

Mazin Odish

Appellant

Theodore Sarontis, for the appellant

Maureen McGuire, for the respondent

Heard: November 6, 2008

On appeal from the sentence imposed by Justice Lloyd Dean of the Superior Court of Justice on July 14, 2006, and from the sentence imposed by Justice Guy DeMarco of the Ontario Court of Justice on January 17, 2007.

APPEAL BOOK ENDORSEMENT

[1] The appellant received an effective 15 year sentence for 2 separate sets of serious charges arising from his prolonged high level drug trafficking enterprise. The offences included convictions for firearms, threatening and conspiracy to export. There were very significant amounts of drugs involved in the second set of offences which was committed while the appellant was in custody awaiting sentence on the first set of offences.

[2] We are not persuaded that the trial judges erred in their application of the applicable sentencing principles, in particular in their application of the principle of totality in the circumstances of these offences and this offender nor were the sentences outside the applicable range.

[3] Leave to appeal sentence is granted. The sentence appeal is dismissed.