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R. v. Phillips; R. v. Easton, [1991] 2 S.C.R. 209

 

Ralph Wayne Phillips  Appellant

 

v.

 

The Attorney General for Ontario                                                    Respondent

 

and between

 

Brent Alexander Easton                                                                    Appellant

 

v.

 

The Attorney General for Ontario                                                    Respondent

 

Indexed as:  R. v. Phillips;  R. v. Easton

 

File Nos.:  21868, 21869.

 

1991:  June 28.

 

Present:  Lamer C.J. and Sopinka, Gonthier, Cory and McLachlin JJ.

 

on appeal from the court of appeal for ontario

 

 

                   Criminal law -- Sentencing -- Sequence of sentences -- Sentences for escaping lawful custody made consecutive to newly imposed sentences -- Certiorari sought to quash escape sentences -- Court of Appeal reversing sequence to make new sentences consecutive to escape sentences -- Appeal dismissed.

 

                   APPEAL from a judgment of the Ontario Court of Appeal allowing an appeal from an order of Sirois J. dismissing the appellant Phillips' application to quash a sentence imposed on him.  Appeal dismissed.

 

                   APPEAL from a judgment of the Ontario Court of Appeal (1989), 8 W.C.B. (2d) 206, allowing an appeal from an order of Yates J. quashing a sentence imposed on the appellant Easton.  Appeal dismissed.

 

                   Fergus J. O'Connor and Peter McCullough, for the appellants.

 

                   Jocelyn Van Overbeek, for the respondent.

 

//Lamer C.J.//

 

                   The judgment of the Court was delivered orally by

 

                   Lamer C.J. -- We need not hear from you, Ms. Van Overbeek.  We are ready to hand down judgment now.

 

                   We find no error in the majority judgments of the Court of Appeal and accordingly these two appeals are dismissed.

 

                   Judgment accordingly.

 

                   Solicitor for the appellants:  Fergus J. O'Connor, Kingston.

 

                   Solicitor for the respondent:  Jocelyn Van Overbeek, Toronto.

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