DATE: 20040227

DOCKET: C39466

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) – and – JASON GROVE (Appellant)

BEFORE: MACPHERSON, SIMMONS and CRONK JJ.A.

COUNSEL: Brian Snell for the appellant David Lepofsky for the respondent

HEARD & ENDORSED: February 27, 2004

On appeal from the sentence imposed on January 3, 2003 by Justice Joseph R. Henderson of the Superior Court of Justice

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

[1] The appellant concedes that a two year sentence was fit. There was, accordingly, no error in imposing it. This case is entirely different than R. v. Luther where the trial judge imposed an unfit sentence in order to coerce treatment. Here, the sentence was fit and it was precisely what the appellant, who was represented by counsel, requested.

[2] Leave to appeal sentence is granted and the appeal is dismissed.