COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) v. DAVID BROOKS (Appellant)
BEFORE:
DOHERTY, LASKIN and FELDMAN JJ.A.
COUNSEL:
Sarah Egan
for the appellant
Deborah Krick
for the respondent
HEARD & ENDORSED:
January 10, 2005
On appeal from the sentence imposed by Justice Evans dated September 16, 2003.
A P P E A L B O O K E N D O R S E M E N T
1The term excluding the appellant from Muskoka was appropriate given the appellant’s avowed intention to leave that area as a step in his rehabilitative process.
2We would not interfere with the trial judge’s refusal to vary the probation term prohibiting contact with the complainant. The nature of the offences justified the trial judge’s concerns about varying that term of the order so soon after the appellant’s release.
3We would dismiss the appeals without prejudice to a further application to vary if the circumstances warrant.