Court of Appeal for Ontario
Before: LASKIN, ROSENBERG and MACPHERSON JJ.A.
Between:
HER MAJESTY THE QUEEN
Applicant/Appellant
and
FRANK WELDON ROEBUCK
Respondent
Counsel:
Kimberly Crosbie for the appellant
Frank Weldon Roebuck in person
Heard: December 6, 2007
On appeal from the sentence imposed by Justice Hugh R. McLean of the Superior Court of Justice, sitting with a jury, on September 11, 2006.
APPEAL BOOK ENDORSEMENT
1We agree with the Crown that the trial judge failed to apply the test in s. 490.012(4) of the Criminal Code. We are not persuaded that there is any basis to refuse the order.
2Accordingly, the appeal is allowed and an order shall issue under s. 490.012(1) of the Criminal Code requiring the respondent to register under Sex Offender Information Registration Act.