Court of Appeal for Ontario

Date: 2019-02-15 Docket: C64466

Judges: MacPherson, Sharpe and Tulloch JJ.A.

Between

Her Majesty the Queen Respondent

and

Clarke Moore Appellant

Counsel

Ian Smith as duty counsel Andreea Baiasu, for the respondent

Heard: February 14, 2019

Appeal Information

On appeal from the conviction entered and the sentence imposed on September 13, 2017 by Justice John Skowronski of the Ontario Court of Justice.

Appeal Book Endorsement

[1] The appellant seeks a reduction of his two year six month sentence on top of pre-trial custody for breach and enter of a commercial premises, robbery of a convenience store and other counts of theft and failure to comply.

[2] We are satisfied from the record that there was no joint submission. In our view, the sentence imposed was entirely fit, in particular given the circumstances of the robbery and the appellant's lengthy criminal record.

[3] The Crown concedes that the victim surcharge must be set aside.

[4] Appeal allowed but only to set aside the victim surcharge. Appeal otherwise dismissed.