R. v. Yantha, 2013 ONCA 255

APPEAL BOOK ENDORSEMENT

1While the appellant raises a number of issues, it is sufficient for the purposes of resolving this appeal to deal with two. First, the trial judge jumped the Crown’s submission by a considerable amount without giving counsel an opportunity to address the issue. Second, the trial judge refused to allow the appellant to address the court before sentencing, perhaps believing that he had given him that opportunity on the earlier occasion. The appellant has now served well beyond the sentence that might have been imposed had the Crown’s submission been accepted.

2In the circumstances, particularly given the appellant’s continuing commitment to seeking treatment, we think the appropriate disposition is to grant leave to appeal and reduce the sentence to time served. The probation terms as imposed by the trial judge will remain. We appreciate this may cause some hardship for the appellant because his mother lives in one of the named buildings. If this turns out to be a serious problem interfering with the appellant’s treatment or rehabilitation he can apply to have the terms of probation varied.