CITATION: R. v. Harrison, 2009 ONCA 386
DATE: 20090507
DOCKET: C48055
COURT OF APPEAL FOR ONTARIO
Laskin, Gillese and Blair JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Paulette Harrison
Appellant
Nathan Gorham, for the appellant
James D.M. Clark and Nicholas Devlin, for the respondent
Heard and released orally: April 28, 2009
On appeal from the conviction entered and the sentence imposed on December 3, 2007, by Justice Sandra Chapnik of the Superior Court of Justice, sitting with a jury.
ENDORSEMENT
[1] On the conviction appeal, the Crown acknowledges that the trial judge erred in admitting the record of arrest but submits that the error was harmless. We agree with this submission.
[2] Three officers saw the appellant with crack cocaine. One of the officers seized the cocaine from inside the appellant’s clothing. The amount of cocaine, 8.95 grams, was an amount sufficient to constitute possession for the purpose of trafficking.
[3] Accordingly, the conviction appeal is dismissed.
[4] On the sentence appeal, the trial judge was correct to reject a conditional sentence. However, the trial judge erred in finding that the appellant breached her bail conditions on two separate occasions (she breached them only once).
[5] Moreover, the actual sentence she imposed as reflected on the back of the indictment (12 months on top of 3½ months pre-trial custody) does not appear consistent with her reasons, which suggest 12 months less pre-trial custody. That was the sentence sought by the Crown and the trial judge gave no reasons for exceeding the Crown’s position. The appellant had no previous criminal record. We think that the appropriate sentence is 12 months less 3½ months pre-trial custody.
[6] Accordingly, leave to appeal sentence is granted and the sentence is reduced to 8½ months.
“John Laskin J.A.”
“E.E. Gillese J.A.”
“R.A. Blair J.A.”