DATE: 20010504

DOCKET: C35142

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) –and– DAVID ROCKEY (Appellant)

BEFORE: ROSENBERG, MOLDAVER and GOUDGE JJ.A.

COUNSEL: Seth P. Weinstein, for the appellant Benita Wassenaar, for the respondent

HEARD: May 1, 2001

On appeal from the sentence imposed by Justice Wayne W. Cohen dated August 29, 2000

O R A L E N D O R S E M E N T

[1] At trial, Crown counsel sought a sentence of twelve months’ imprisonment. The trial judge gave no reasons for so significantly departing from that submission. While these were very serious offences and the appellant had a lengthy youth record, the appellant is still quite young, tendered an early guilty plea and suffered terrible abuse as a child. We think that the appropriate sentence, given the pretrial custody, is one of eighteen months’ imprisonment. We would accomplish this result by varying the sentence for possession of stolen property to a sentence of five months concurrent.

[2] Accordingly, leave to appeal sentence is granted. The appeal is allowed and the sentence varied accordingly.