Court of Appeal for Ontario

Citation: R. v. Litchen, 2009 ONCA 761

Date: 2009-11-02

Docket: C50977

Between:

Her Majesty the Queen Respondent

and

Howard Litchen Appellant

Before: Feldman, Blair and Watt JJ.A.

Counsel: Paul Calarco, for the appellant Christopher Greene, for the respondent

On appeal from: Sentence imposed by Justice B. Cavion of the Ontario Court of Justice dated September 4, 2009.

Heard and endorsed: October 30, 2009

APPEAL BOOK ENDORSEMENT

[1] The appellant appeals his sentence of 60 days intermittent after pleading guilty to production of marijuana and trafficking in marijuana. The appeal is based on the submission that the trial judge did not take sufficient account of the appellant’s medical condition in declining a conditional sentence.

[2] We would not give effect to this submission. The trial judge clearly based the duration and intermittent nature of the lenient sentence on the fact of the appellant’s medical condition.

[3] Although the trial judge did not specifically mention the pre-trial custody, it is a clear inference from the submissions that he was aware of it and factored it into the sentence imposed.

[4] Leave to appeal sentence is granted but the appeal is dismissed.