COURT OF APPEAL FOR ONTARIO

DATE: 20000526

DOCKET: C33353

RE: HER MAJESTY THE QUEEN (Respondent) –and– KENNETH
VEAUDRY (Appellant)

BEFORE: CATZMAN, WEILER and LASKIN JJ.A.

COUNSEL: Paul Burstein, for the appellant
Susanne Boucher, for the respondent

HEARD: May 19, 2000

On appeal from the sentence imposed by Cohen J. dated September
16, 1999.

E N D O R S E M E N T

[1] The appellant pleaded guilty to production of 102 marijuana
plants. He was sentenced to imprisonment for a term of fifteen
months, of which he has served six weeks. He had no prior record
and there was no evidence of trafficking.

[2] When passing sentence, the trial judge did not have the
benefit of recent decisions of the Supreme Court of Canada on the
subject of conditional sentences.

[3] In our view, the sentence imposed upon the appellant was
outside the appropriate range. Having regard to the
circumstances and bearing in mind the proposition that, to the
extent that both punitive and restorative objectives can be
achieved in a given case, a conditional sentence is likely a
better sanction than incarceration, we consider the appropriate
sentence to be a conditional sentence of fifteen months from this
date. The conditions shall be those on which counsel have agreed
and are set forth in the conditional sentence order form filed
with the court this day.

[4] Leave to appeal is granted, the appeal is allowed and a
conditional sentence of fifteen months commencing on this date on
the terms indicated is imposed.

Signed: “M.A. Catzman J.A.”
“K.M. Weiler J.A.”
“John Laskin J.A.”