DATE: 20050705

DOCKET: C42676

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – ZACHARIAS THIBEAULT (Appellant)

BEFORE:

WEILER, GOUDGE and FELDMAN JJ.A.

COUNSEL:

Joseph Wilkinson

for the appellant

Robert Gattrel

for the respondent

HEARD & ENDORSED:

May 17, 2005

On appeal from the sentence imposed on October 25, 2004 by Justice Alan C. R. Whitten of the Superior Court of Justice, sitting alone.

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

[1] In the circumstances, the Crown concedes that the trial judge erred in principle in imposing a sentence greater than the joint submission. Leave to appeal the custodial portion of the sentence over and above the joint submission of time served is granted and the appeal is allowed. The term of probation of 3 years remains unchanged.