COURT OF APPEAL FOR ONTARIO
Sharpe, Hourigan and Pardu JJ.A.
BETWEEN
Her Majesty the Queen
Appellant
and
Robert Glenn Stone
Respondent
Counsel:
Phil Perlmutter, for the appellant
Jonathan Rudin, for the respondent
Heard: October 22, 2014
On appeal from the sentence imposed on August 29, 2013 by Justice G. Mark Hornblower of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1The trial judge, relying on R. v. Anderson, [2012] NLCA 69, set aside the Crown’s notice of prior conviction, served pursuant to s. 255.
2The Supreme Court of Canada subsequently reversed R. v. Anderson, [2014] SCC 41. It is common ground that, as a consequence, the trial judge erred by failing to impose the mandatory minimum sentence of 120 days.
3The respondent has now served the full 12-month conditional sentence.
4In these circumstances, the appeal is allowed. A sentence of 120 days custody is imposed, but as the respondent has served the conditional sentence, the sentence is stayed.
5The prohibition order is maintained.