COURT OF APPEAL FOR ONTARIO
Rosenberg, Juriansz and LaForme JJ.A.
BETWEEN
Her Majesty The Queen
Respondent
and
Julien Quirion
Applicant (Appellant)
Andrew Perrin, for the appellant
Christopher Greene, for the respondent
Heard and endorsed: April 4, 2011
On appeal from sentence imposed by Justice Duchesneau-McLachlan of the Ontario Court of Justice dated September 1, 2009.
APPEAL BOOK ENDORSEMENT
1The trial judge’s reasons for sentencing this first offender to jail for this non-violent offence were completely inadequate. Accepting the need for general deterrence in the community, as the Crown fairly concedes, that objective could be accomplished by a non-custodial sentence with appropriate terms of probation.
2Accordingly, the appeal is allowed and the sentence varied to a suspended sentence and two years probation on the statutory terms and the terms as set out in the attachment.