Court of Appeal for Ontario

CITATION: R. v. Lush, 2013 ONCA 726

DATE: 20131129

DOCKET: C57635

Before: Goudge, Juriansz and Epstein JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Rennie Douglas Lush

Applicant/Appellant

Counsel:

Robert Sheppard, for the appellant

J. Sandy Tse, for the respondent

Heard: November 28, 2013

On appeal from the sentence imposed on December 18, 2012 by Justice Wayne G. Rabley of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] The appellant argues that the sentence imposed was unfit and that the sentencing judge erred in principle by imposing an effective three year sentence in excess of the Crown’s position of two years less a day, without allowing submissions on his proposed sentence.

[2] In our view, assuming the sentencing judge would have been better to afford counsel the chance to make submissions, we think the sentence imposed was fit, and one we agree with. The sentence was imposed for a lengthy spree of offences done in an organized and professional manner across a swath of southwest Ontario.

[3] There is no basis for us to interfere with it.