DATE: 20031021

DOCKET: C39066, M29184

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – T.G.K. (Appellant)

BEFORE:

ABELLA, FELDMAN and ARMSTRONG JJ.A.

COUNSEL:

Tanya Kranjc

for the appellant

Christine Bartlett-Hughes

for the respondent

HEARD AND ENDORSED:

October 17, 2003

On appeal from the sentence imposed by Justice C. Bruce Noble of the Superior Court of Justice on August 23, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] The publication ban is to continue.

[2] We have considered the fresh evidence and while it portrays a sympathetic picture of the appellant’s circumstances, it does not persuade us to impose a conditional sentence.

[3] The reasons as a whole disclose no error warranting our interference. Leave to appeal sentence is granted, but the appeal from sentence is dismissed.