DATE: 20030822

DOCKET: C39644

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Applicant/Appellant) – and – R.B. (A Young Person (Respondent)

BEFORE:

DOHERTY, CHARRON and ARMSTRONG JJ.A.

COUNSEL:

Grace Choi

for the applicant/appellant

Tamara Bloom

for the respondent

HEARD:

August 22, 2003

On appeal from the disposition imposed by Justice Cousineau dated February 4, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] This was a very difficult sentencing. The trial judge gave the matter careful consideration and his assessment is worthy of considerable deference

[2] While we do not decide whether the new Act applies, we are satisfied that the sentencing principles in that Act must inform our consideration of this appeal.

[3] Having regard to these two considerations we cannot say that the sentence was unfit. We cannot interfere with the sentence. Leave to appeal granted. Appeal dismissed.

“D. Doherty. J.A.”