Court File and Parties

CITATION: R. v. Purkis, 2009 ONCA 872

DATE: 20091208

DOCKET: C51056

COURT OF APPEAL FOR ONTARIO

Doherty, Moldaver and Epstein JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

And

Seth Purkis

Applicant (Appellant)

Counsel:

Daniel F. Moore, for the appellant

Margaret S. Loda, for the respondent

Heard and endorsed: December 4, 2009

On appeal from sentence imposed by Justice John D. D. Evans of the Ontario Court of Justice dated August 31, 2009.

APPEAL BOOK ENDORSEMENT

[1] The appellant seeks to reduce the sentence of ten months imposed for various breach offences, as well as impaired driving, possession of marijuana for the purpose of trafficking, and possession of proceeds of crime. The appellant, though young, was a second-time offender. He had trafficked in marijuana for profit for years before being arrested for his first set of offences. While on bail for those offences, (possession of marijuana for the purpose of trafficking and possession of proceeds of crime), he continued to consume marijuana. After being placed on a conditional sentence order for those crimes, he continued to consume and sell marijuana until he was arrested and detained in custody on the offences which form the basis of this appeal. While the appellant appears to be willing to engage in treatment now, he took virtually no steps to obtain treatment after his first set of offences, despite his commitment to the trial judge that he would obtain help. Throughout, his actions have shown him to be unrepentant.

[2] In the circumstances, while the appellant has positive traits and while we hope that he will follow through with his stated willingness to obtain treatment, we are not persuaded that the sentence imposed was unfit. For clarification, the four month sentence imposed for the breach of conditional sentence remains (meaning that the total sentence imposed by the trial judge was ten months and four months).

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