COURT OF APPEAL FOR ONTARIO

DATE: 20000503

DOCKET: C32462

RE: HER MAJESTY THE QUEEN (Respondent) and BRADON
ROBERT LYRETTE (Appellant)

BEFORE: CHARRON, MOLDAVER AND MACPHERSON JJ.A.

COUNSEL: Gregory Lafontaine and Tanya Kranjc
for the appellant
Randalo Schwartz
For the respondent

HEARD: May 1, 2000

On appeal from the sentence of Whalen J., dated June 25, 1999

E N D O R S E M E N T

[1] We agree with the trial judge that this was not a case for the imposition of a conditional sentence. The nature of the crime fully justified a custodial sentence.

[2] The trial judge imposed a sentence of three years imprisonment. Although he delivered full and careful reasons for this sentence, in our view, the circumstances of the offence and the offender do not justify a penitentiary term.

[3] The appellant was a very young man with no criminal record when he committed this offence. The offence took place, it appears, in the midst of an argument between the appellant and the complainant, immediately after the complainant struck the appellant.

[4] Moreover, the evidence before the trial judge, affirmed by the very positive fresh evidence we received, indicates that the appellant is genuinely remorseful for his conduct and has taken important steps, in terms of treatment and education, to put his life on a path where it is unlikely he will re-offend.

[5] For these reasons, we would allow the appeal and substitute a sentence of two years less a day to be followed by a period of probation for 18 months on the following conditions:

• keep the peace and be of good behaviour;

• report to a probation officer upon release and thereafter

• as required;

• attend and actively participate in any rehabilitative

• programs for domestic violence or anger management

• recommended by the probation officer;

• continue his education and/or seek and maintain gainful

• employment; and

• not associate or communicate directly or indirectly with

• the victim or members of the victimÆs immediate family.

[6] In addition, pursuant to s. 109 of the Criminal Code, an order will go prohibiting the appellant from possessing any of the weapons named in that section for a period of 10 years.

Louise Charron J.A.

M. Moldaver J.A.

J.C. MacPherson J.A.