DATE: 20030910 DOCKET: C36172

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Appellant) -and- C.C.D. (a young person) (Respondent)

BEFORE:

CATZMAN, ABELLA and GILLESE JJ.A.

COUNSEL:

Roger Shallow for the appellant

David E. Harris for the respondent

HEARD & ENDORSED:

September 10, 2003

On appeal from the decision of Justice Bruce W. Duncan of the Ontario Court of Justice dated March 19, 2001.

APPEAL BOOK ENDORSEMENT

[1] The respondent concedes that the sentencing judge made a number of errors in principle in his reasoning. To be fair to him, his reasons were given before a number of decisions of this court on this subject. Nevertheless, he carefully considered the factors set out in s. 487.052(2), and, though we are not obliged to defer to his reasoning, we find it persuasive and see no basis on which we would interfere with the order he made.

[2] The appeal is dismissed.