Court of Appeal for Ontario

Citation: R. v. Valentine, 2013 ONCA 76

Date: 20130205

Docket: C54989

Before: Doherty, Simmons and Tulloch JJ.A.

Between:

Her Majesty the Queen Respondent

and

Jeremiah Valentine Appellant

Counsel: Bradley Greenshields, for the appellant Lucy Cecchetto, for the respondent

Heard: February 1, 2013

On appeal from the sentence imposed by Justice McMahon of the Superior Court of Justice, dated December 22, 2009.

APPEAL BOOK ENDORSEMENT

[1] In our view, the unforeseen statutory consequences of the subsequent drug sentence on the overall period of parole ineligibility have no bearing on the fitness of the sentence imposed on the murder conviction (life imprisonment with parole ineligibility set at 12 years). Nor, in our view, does the fact that the Crown may have agreed to proceed with the drug charges first had the Crown been asked to do so have any bearing on the fitness of the sentence imposed on the murder charge.

[2] The appeal is dismissed.