COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Applicant/Appellant) -and- ROBERT LAROCQUE (Respondent)
BEFORE: LASKIN, ROSENBERG and LaFORME JJ.A.
COUNSEL:
Laura Hodgson for the appellant
Charles C. Conroy for the respondent
HEARD AND ENDORSED: February 4, 2005
On appeal from the sentence imposed by Justice Louise L. Gauthier of the Superior Court of Justice on June 17, 2004.
A P P E A L B O O K E N D O R S E M E N T
1Especially in the light of the age of the respondent when he committed these offences, we are not persuaded that the trial judge erred in imposing a conditional sentence. However, we are of the view that the trial judge erred in failing to impose house arrest as a term of the conditional sentence order. The respondent’s counsel fairly concedes this.
2Accordingly, leave to appeal sentence is granted and the appeal is allowed by varying the terms of the conditional sentence order in accordance with the draft order filed.