DATE: 20030428

DOCKET: C39345

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) - AND - RYAN ANTHONY M. (Appellant)

BEFORE:

CARTHY, ROSENBERG AND CRONK JJ.A.

COUNSEL:

Joseph Di Luca

for the appellant

Riun Shandler

for the respondent

HEARD:

April 28, 2003

On appeal from sentence imposed by Justice V.A. Lampkin of the Ontario Court of Justice on October 30, 2002.

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

[1] While this was a very serious offence, it is not apparent from the trial judge’s reasons what weight, if any, the trial judge gave to the appellant’s prospects for rehabilitation. The appellant was a 15 year-old first offender when this offence was committed. He is now nearly 18 and has completed the secure custody portion of the disposition. He has done well during this period. In our view, no further purpose would be served by keeping the appellant in open custody. Accordingly leave to appeal sentence is granted, the open custody portion of the disposition is struck out. The probation term will remain on the terms imposed by the trial judge.