DATE: 20031014

DOCKET: C29658

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – KARL RODNEY ROWLEE

BEFORE:

WEILER, MacPHERSON and CRONK JJ.A.

COUNSEL:

Daniel J. Brodsky

for the appellant

David Lepofsky

for the respondent

HEARD & ENDORSED:

October 9, 2003

On appeal from the sentence imposed by Justice Gerald R. Morin of the Superior Court of Justice dated January 15, 1998.

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

[1] We are of the opinion that as a result of the decision of the Supreme Court in R. v. Johnson, 2003 S.C.C. No. 46 and the four comparison cases, a new hearing must be held. In our view, this is not one of those very rare cases that would permit application of the curative proviso.

[2] Accordingly, the appeal is allowed, the dangerous offender designation is set aside and the matter is referred back for a sentencing hearing.