DATE: 20061208

DOCKET: C44984

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – VLADIMIR SOUETOV (Appellant)

BEFORE:

DOHERTY, LASKIN and ARMSTRONG JJ.A.

COUNSEL:

Timothy Breen

for the appellant

Lisa Joyal

for the respondent

HEARD & ENDORSED:

December 4, 2006

On appeal from the sentence imposed by Justice Frederic Campling of the Ontario Court of Justice, on February 1, 2006.

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

[1] The appellant appeals the length of the prohibition order and also asks that it be varied by including a term that would permit him to attend the proscribed public places in the company of an adult. The Crown does not oppose this variation but maintains that we should not reduce the 10-year length of the order.

[2] The trial judge’s determination to impose a 10-year order was obviously a discretionary decision and the usual appellate deference to discretionary decision applies.

[3] Although we commend the appellant for taking steps to address his underlying problems, in the light of the serious nature of the offence, we are not persuaded that a 10-year order is unreasonable. However, we accept the parties’ agreement to vary the terms of the order as outlined above.

[4] Accordingly, paragraph (a) of the prohibition order at page 9 of the appeal book is varied by adding the words “except in the company of an adult over the age of 18.” The sentence appeal is otherwise dismissed.