Court of Appeal for Ontario
Date: 2017-03-23 Docket: C62975
Judges: Doherty, Huscroft and Miller JJ.A.
Between
Her Majesty the Queen Respondent
and
Jamar Chambers Appellant
Counsel
Paul Calarco, for the appellant
Wendy Levant, for the respondent
Heard
March 22, 2017
On Appeal
On appeal from the sentence imposed by Justice D.P. Cole of the Ontario Court of Justice on June 15, 2016.
Appeal Book Endorsement
[1] We received fresh evidence on consent to clarify the position defence counsel took on sentence at trial.
[2] We agree that the trial judge misunderstood the position and consequently imposed a sentence that was longer than the sentence requested by Crown or defence.
[3] Both counsel invite us to adjust the sentence to reflect the actual defence position, although they disagree on the appropriate sentence.
[4] Given the very serious nature of the offences and the appellant's two breaches of his bail, we agree with the Crown that an effective sentence of three years is appropriate. The appellant is entitled to 533 days' credit for presentence custody (355 x 1.5), leaving 562 days.
[5] We would impose the following sentence:
- Possession of a loaded prohibited firearm – 562 days;
- Possession of a firearm – one year concurrent;
- Possession of cocaine for the purpose of trafficking – six months concurrent;
- Possession of marihuana for the purposes of trafficking – six months concurrent; and
- Possession of the proceeds of crime – six months concurrent.
[6] The probation term remains in place as do the ancillary orders.
[7] The sentence is varied accordingly. The sentence we impose is a reformatory sentence, i.e. less than two years. The appellant is in the penitentiary in British Columbia. Arrangements should be made forthwith to return him to the reformatory system in Ontario.