Court of Appeal for Ontario

Date: 2017-03-27 Docket: C61674 Judges: Doherty, Huscroft and Miller JJ.A.

Between

Her Majesty the Queen Respondent

and

Bradley Huffman Appellant

Counsel

Robert N. Morris, for the appellant

Kelvin Ramchand and Tom Lemon, for the respondent

Hearing and Appeal

Heard: March 24, 2017

On appeal from the sentence imposed on November 6, 2015 by Justice R. Reid of the Superior Court of Justice.

Appeal Book Endorsement

[1] The reasons for sentence demonstrate that the trial judge fully considered the relevant factors. Given the commercial nature of the enterprise and the appellant's level of involvement in the conspiracy, a conditional sentence would not have been appropriate. A significant reformatory sentence was required.

[2] The trial judge did consider parity. He recognized that Welch had an extensive record, and that he was higher in the organizational chain of command. He reflected those considerations by imposing a 30-month sentence on Welch as compared to the 20 months imposed on the appellant.

[3] We cannot say that the different sentences imposed by the trial judge do not give adequate weight to the parity principle. The distinctions cannot be drawn with mathematical certainty. The sentences imposed do not reflect a failure to consider and apply the parity principle.

[4] We see no error in the sentence imposed.

[5] The appeal is dismissed.