COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) v. WAYNE HARVEY (Appellant)
BEFORE:
DOHERTY, CHARRON and ARMSTRONG JJ.A.
COUNSEL:
Mark Eshuis for the appellant
C. Tier for the respondent
HEARD & ENDORSED:
AUGUST 20, 2003
On appeal from sentence imposed by Justice M.B. Zivolak on January 13, 2003.
APPEAL BOOK ENDORSEMENT
1The appeal is not properly in this court, but should be before a judge of the Superior Court. I will deal with it as an ex officio Superior Court judge. The appeal is allowed. The probation order is varied to delete the words "or place of worship" from paragraph 5 of Appendix "A" in the probation order dated April 12, 2002 and varied on January 13, 2003. The probation order is also varied to add a term in the words of the condition set out at paragraph 7 of the respondent's factum.
2The Crown agrees to these variations.