Court of Appeal for Ontario

Citation: R. v. Campbell, 2013 ONCA 544 Date: 2013-09-06 Docket: C50946

Before: Laskin, MacPherson and Watt JJ.A.

Between:

Her Majesty the Queen Respondent

and

Steven Campbell Appellant

Counsel: James Fleming, for the appellant Deborah Krick, for the respondent

Heard: September 5, 2013

On appeal from the conviction entered and sentence imposed by Justice G. Griffin of the Ontario Court of Justice, dated February 27, 2009.

APPEAL BOOK ENDORSEMENT

[1] The findings of fact made by the trial judge bring this case well within the reach of the essential elements of "care or control" within paragraph 33 of R. v. Boudreault, 2012 SCC 56. There was no need to resort to or explain the application of the presumption. The appeal from conviction is dismissed.

[2] In connection with the appeal from the lifetime driving prohibition, we are satisfied that the appellant received oral notice of the Crown's intention to seek an increased punishment at the outset of trial proceedings. While there may have been a misapprehension of the term of an existing prohibition, we are satisfied that the circumstances of this offence and offender amply warrant a lifetime prohibition. Leave to appeal sentence is granted, but the appeal is dismissed.