Court File and Parties

Citation: R. v. McQuay, 2010 ONCA 211 Date: 2010-03-18 Docket: C51233 Court of Appeal for Ontario

Before: Blair, LaForme JJ.A. and Durno J. (Ad Hoc)

Between:

Her Majesty The Queen Respondent

and

Troy McQuay Appellant

Counsel: Lori Anne Thomas, for the appellant David Finley, for the respondent

Heard: March 17, 2010

On appeal from the judgment of Justice John D. Takach of the Ontario Court of Justice dated May 21, 2009.

Appeal Book Endorsement

[1] Counsel for the appellant conceded in oral argument that the trial judge properly imposed a minimum 5-year sentence on the weapons charge, having regard to the combined effect of ss. 84(5)(a), 117.01 and 95(2) of the Criminal Code. She argues, however, that he improperly applied the totality principle by imposing an additional 2 years consecutive for the other drug-related offences.

[2] We disagree. The trial judge was completely alive to the totality principle and imposed his sentence accordingly. In our view the total sentence of 7 years was not demonstrably unfit in the circumstances.

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