COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Respondent) v. KIRK SHAKES (Appellant)
BEFORE: CARTHY, LASKIN and ROSENBERG JJ.A.
COUNSEL: David M. Tanovich, for the appellant
Moiz Rahman, for the respondent
HEARD: March 13, 2001
On appeal from the sentence imposed by Justice R. Khawly on June 9, 2000
O R A L E N D O R S E M E N T
1We agree with the appellant that the mechanical application of the two-stage process resulted in an error in principle. As a result, on the question of whether or not there should be a conditional sentence, the trial judge failed to take into account the appellant’s quite extraordinary cooperation with the police and his significant rehabilitation. This approach also led the trial judge to consider that the necessary deterrence and denunciation could only be achieved by a custodial sentence.
2Accordingly the appeal is allowed, the custodial sentence varied to twenty months to be served on the conditions in the conditional sentence order. The conditional sentence will run from today’s date. The three-year probation term will remain.
(signed) “J. J. Carthy J.A.”
(signed) “John Laskin J.A.”
(signed) “M. Rosenberg J.A.”