DATE: 20040331

DOCKET: C35944

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – LORNE STUART GAULT (Appellant)

BEFORE:

MacPHERSON, SHARPE and LANG JJ.A.

COUNSEL:

Howard J. Borenstein

for the appellant

Shelley Hallett

for the respondent

HEARD & ENDORSED:

March 31, 2004

On appeal from the sentence imposed by Justice Inger Hansen of the Ontario Court of Justice dated November 24, 1997.

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

[1] In light of the recent decision of the Supreme Court of Canada in R. v. Johnson, which was rendered after the sentence in this case was imposed, the respondent agrees that the appeal must be allowed.

[2] The order finding the appellant to be a dangerous offender is set aside, as is the indeterminate sentence. The matter is remitted for a new sentence hearing pursuant to s. 759(3)(iii) of the Criminal Code.