R. v. Ferdinand
The appeal was dismissed because the sentencing judge reasonably concluded on the evidence that the appellant was more culpable than his co-accused—his identification was found in a bag containing weapons, drugs and substantial cash—so no parity infringement or basis for appellate interference with the sentence...
Source-derived case information.
- Citation
- 2008 ONCA 184
- Parties
- Respondent: HER MAJESTY THE QUEEN; Appellant: KHAMIDI FERDINAND
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 14 March 2008
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Leave to appeal granted; appeal against sentence dismissed; sentence upheld
- Legal Topics
- Parity Principle, Culpability, Sentencing Discretion, Identification Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HER MAJESTY THE QUEEN
Respondent
KHAMIDI FERDINAND
Appellant
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Whether the sentence breached the parity principle
- 2 Whether the appellant had greater culpability than co-accused due to control over weapons, drugs and cash
- 3 Whether appellate intervention in the sentence was warranted
Ratio Decidendi
The appeal was dismissed because the sentencing judge reasonably concluded on the evidence that the appellant was more culpable than his co-accused—his identification was found in a bag containing weapons, drugs and substantial cash—so no parity infringement or basis for appellate interference with the sentence existed.
Court Disposition
Leave to appeal granted; appeal against sentence dismissed; sentence upheld
Orders
- Leave to appeal granted
- Appeal against sentence dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Ferdinand Collection Decisions of the Court of Appeal Date 2008-03-14 Neutral citation 2008 ONCA 184 Docket numbers C47572 Judges Sharpe, Robert J.; Armstrong, Robert Patrick; Watt, David Subject Criminal Decision Content CITATION: R. v. Ferdinand, 2008 ONCA 184 DATE: 20080314 DOCKET: C47572 COURT OF APPEAL FOR ONTARIO SHARPE, ARMSTRONG and WATT JJ.A. BETWEEN: HER MAJESTY THE QUEEN Respondent and KHAMIDI FERDINAND Appellant Daniel A. Stein for the appellant Peter Scrutton for the respondent Heard: March 13, 2008 On appeal from the sentence imposed by Justice D. McCombs of the Superior Court of Justice dated December 20, 2006. APPEAL BOOK ENDORSEMENT [1] We do not agree that the sentence imposed is inconsistent with the parity principle. There was a basis on the evidence for the trial judge to conclude that the appellant’s degree of culpability and responsibility was greater than that of his co-accused. In particular, there was evidence that the appellant’s identification was found in a bag containing weapons, drugs and a substantial quantity of cash thereby, tying him directly to control over these items. These were extremely serious offences and we see no reason to interfere with the sentence. [2] Accordingly, leave to appeal is granted but the appeal against sentence is dismissed.