Court File and Parties

CITATION: R. v. McGee, 2011 ONCA 642

DATE: 20111017

DOCKET: C53109

COURT OF APPEAL FOR ONTARIO

Moldaver, Feldman and Sharpe JJ.A.

BETWEEN

Her Majesty The Queen

Respondent

and

John Vincent McGee

Appellant

Counsel:

Candice Suter, for the appellant

Scott Latimer, for the respondent

Heard and endorsed: October 12, 2011

On appeal from sentence imposed by Justice Charles Hackland of the Superior Court of Justice, dated December 15, 2009.

APPEAL BOOK ENDORSEMENT

[1] The sentencing judge gave cogent reasons for imposing a consecutive sentence on the Ottawa charges. We see no basis for interfering with his discretion in that regard.

[2] As for the disparity in the length of the sentences imposed on the appellant and his co-accused Mr. Paul, we are satisfied that there were several factors that warranted the disparity, including the appellant’s longer criminal record, the fact that Mr. Paul pled guilty, and the assistance he provided the Crown in its prosecution of the appellant on the Ottawa charges.

[3] In the circumstances, we are not persuaded that the disparity in sentencing resulted in an injustice to the appellant.

[4] Accordingly, while we would grant leave to appeal, we would dismiss the appeal from sentence. We note that the appellant’s criminality is largely related to his addiction to drugs and it is our hope that if the appellant is motivated, he will receive treatment for his drug problem.