COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – KARL RODNEY ROWLEE
BEFORE:
WEILER, MacPHERSON and CRONK JJ.A.
COUNSEL:
Daniel J. Brodsky
for the appellant
David Lepofsky
for the respondent
HEARD & ENDORSED:
October 9, 2003
On appeal from the sentence imposed by Justice Gerald R. Morin of the Superior Court of Justice dated January 15, 1998.
A P P E A L B O O K E N D O R S E M E N T
1We are of the opinion that as a result of the decision of the Supreme Court in R. v. Johnson, 2003 S.C.C. No. 46 and the four comparison cases, a new hearing must be held. In our view, this is not one of those very rare cases that would permit application of the curative proviso.
2Accordingly, the appeal is allowed, the dangerous offender designation is set aside and the matter is referred back for a sentencing hearing.