Court of Appeal for Ontario

Citation: R. v. Berry, 2012 ONCA 621

Date: 20120919

Docket: C54458

Before: Doherty, Hoy and Pepall JJ.A.

Between

Her Majesty the Queen

Respondent

and

Raymond George Berry

Appellant

Counsel:

Jonathan Dawe, for the appellant

Iona Jaffe, for the respondent

Heard: September 18, 2012

On appeal from the sentence imposed on August 3, 2011 by Justice E.J. Koke of the Superior Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] The trial judge gave careful reasons. We see no error in principle.

[2] The appellant’s extensive criminal record, including five previous convictions for the same offences and the circumstances of this offence, demonstrate that the appellant was in the business of drug trafficking and had been so on a regular basis throughout his adult life. The trial judge did not err in referring to him as a career criminal.

[3] There was a significant gap in the appellant’s record for drug trafficking. No doubt, the trial judge was aware of it. That “gap”, however, was not such as to render this sentence unfit having regard to the other factors.

[4] We do not agree that the trial judge erred in imposing a sentence beyond the settled range. Ranges exist to promote parity. Parity is premised on treating “like” offenders in a comparable manner. To the extent that the circumstances distinguish an offender, be they mitigating or aggravating from the typical offence, ranges will have less significance. Sentencing is an individualized process. The appellant’s extensive and related criminal record and the total absence of anything by way of mitigation drove this sentence somewhat beyond the usual range. We cannot say that the sentence is manifestly unreasonable.

[5] The appeal is dismissed.