DATE: 20040326

DOCKET: C41186

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – NATHANIEL STROUD (Appellant)

BEFORE:

WEILER, CRONK and GILLESE JJ.A.

COUNSEL:

Paul Calarco

for the appellant

Leanne Salel

for the respondent

HEARD:

March 23, 2004

On appeal from the sentence imposed on November 14, 2003 by Justice Peter A. Grossi of the Superior Court of Justice.

E N D O R S E M E N T

[1] The appellant submits that the eleven month sentence imposed for breach of a non-contact clause in a recognizance of bail on a pending sexual assault charge is outside the range for such an offence. We agree.

[2] The breach, which arose from an unintentional meeting with the victim that lasted approximately two minutes, involved no threats or violence. Rather, the appellant’s behaviour was characterized as “whining” about the impact that the sexual assault charge had on his life. Although the contact giving rise to the breach was with the victim and the appellant had a criminal record for acts of violence, criminal harassment and breaches of court orders, in all the circumstances the offence does not reach the level of exceptional seriousness that would warrant a sentence of eleven months.

[3] Accordingly, leave to appeal sentence is granted, and the sentence appeal is allowed by reducing the sentence to four months, with two months credit for pre-trial custody. The terms and conditions relating to probation remain unchanged.

“K. M. Weiler J.A.”

“E. A. Cronk J.A.”

“E. E. Gillese J.A.”