R. v. Guthrie, 2009 ONCA 313
CITATION: R. v. Guthrie, 2009 ONCA 313
DATE: 20090416
DOCKET: C47228 & C47769
COURT OF APPEAL FOR ONTARIO
Laskin, Blair and Watt JJ.A.
BETWEEN:
Her Majesty The Queen
Respondent
and
Paul Guthrie and Jeremy Lamka
Appellant
Timothy E. Breen and Craig Parry, for the appellants
Nadia Thomas, for the respondent
Heard & released orally: March 4, 2009
On appeal from the sentence imposed by Justice J.A. Ramsay of the Superior Court of Justice dated April 26, 2007.
ADDENDUM
[1] On March 4, 2009 we reduced the sentence imposed on the appellants from a term of imprisonment for 8 years to a term of imprisonment for 6 years. The trial judge had given credit of two months on account of pre-trial custody, with the result that the prison authorities were administering a remaining sentence of 7 years, 10 months. There is apparently some confusion as to whether the pre-trial credit is intended to the 6-year sentences imposed on appeal.
[2] We confirm that it is. The prison authorities are to administer a remaining term of 5 years and 10 months.
"John Laskin J.A."
"R.A. Blair J.A."
"David Watt J.A."
R. v. Guthrie, 2009 ONCA 209
CITATION: R. v. Guthrie, 2009 ONCA 209
DATE: 20090306
DOCKET: C47228 & C47769
COURT OF APPEAL FOR ONTARIO
Laskin, Blair and Watt JJ.A.
BETWEEN:
Her Majesty The Queen
Respondent
and
Paul Guthrie and Jeremy Lamka
Appellant
Timothy E. Breen and Craig Parry, for the appellants
Nadia Thomas, for the respondent
Heard & released orally: March 4, 2009
On appeal from the sentence imposed by Justice J.A. Ramsay of the Superior Court of Justice dated April 26, 2007.
ENDORSEMENT
[1] The trial judge imposed a sentence of eight years on both appellants, which was almost twice what the Crown was seeking in the case of Mr. Lamka and more than twice what was sought for Mr. Guthrie. These were very serious offences and both appellants have significant criminal records.
[2] However, in view of the Crown’s recommendations, the ages of the appellants and the prospects of rehabilitation (however fragile) we are satisfied that a sentence of eight years constituted an error in principle in the circumstances of this case. We are not prepared to interfere with the trial judge’s decision to treat each appellant equally for these purposes. In all the circumstances we would impose a sentence of six years for each offender.
[3] Leave to appeal the sentences is therefore granted, the appeal is allowed, and the sentences are varied to a period of 6 years imprisonment for each appellant.
"J. Laskin J.A."
"R.A. Blair J.A."
"David Watt J.A."