



COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Campbell, 2013 ONCA 544

DATE: 20130906

DOCKET: C50946

Laskin, MacPherson and Watt JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Steven Campbell

Appellant

James Fleming, for the appellant

Deborah Krick, for the respondent

Heard: September 5, 2013

On appeal from the conviction entered and sentence
    imposed by Justice G. Griffin of the Ontario Court of Justice, dated February
    27, 2009.

APPEAL BOOK ENDORSEMENT

[1]

The findings of fact made by the trial judge bring this case well within
    the reach of the essential elements of care or control within paragraph 33 of
R. v. Boudreault
, 2012 SCC 56. There was no need to resort to or
    explain the application of the presumption. The appeal from conviction is
    dismissed.

[2]

In connection with the appeal from the lifetime driving prohibition, we
    are satisfied that the appellant received oral notice of the Crowns intention
    to seek an increased punishment at the outset of trial proceedings. While there
    may have been a misapprehension of the term of an existing prohibition, we are
    satisfied that the circumstances of this offence and offender amply warrant a
    lifetime prohibition. Leave to appeal sentence is granted, but the appeal is
    dismissed.


