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COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Chambers, 2017 ONCA 242

DATE: 20170323

DOCKET: C62975

Doherty, Huscroft and Miller JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Jamar Chambers

Appellant

Paul Calarco, for the appellant

Wendy Levant, for the respondent

Heard:  March 22, 2017

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 appellants 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.


