Court of Appeal for Ontario
Date: 2023-07-18 Docket: C70531
Before: Fairburn A.C.J.O., Simmons and Trotter JJ.A.
Between:
His Majesty the King Respondent
and
Joseph Boose Appellant
Counsel: Joseph Boose, acting in person Jessica Zita, appearing as duty counsel Jennifer Lynch, for the respondent
Heard and released orally: July 4, 2023
On appeal from the sentence imposed by Justice Krista Leszczynski of the Ontario Court of Justice on March 7, 2022.
Reasons for Decision
[1] The appellant has asked that his six-and-a-half-year sentence for possession of fentanyl for the purpose of trafficking be reduced by six months, before credit for presentence custody.
[2] He says the trial judge erred by failing to adequately capture the difficult circumstances of his upbringing. He also argues that the sentence is too high when compared with other more serious matters. Finally, he maintains that the absence of a lot of cash when the search was conducted belies the suggestion that he was motivated by profit, as opposed to his admitted addictions.
[3] We see no error in the trial judge’s reasons which accord with the presentence report. The amount of fentanyl seized was admitted to being a quantity from which the inference of trafficking could be taken, which includes a financial motive. The sentence falls squarely within the range for this amount of fentanyl.
[4] The appellant informs us that he has recently completed his high school education and that his drug addiction is under control. We commend him for these efforts and encourage him on this continued journey.
"Fairburn A.C.J.O."
"Janet Simmons J.A."
"G.T. Trotter J.A."
