WARNING

THIS IS AN APPEAL UNDER THE

YOUNG OFFENDERS ACT

AND IS SUBJECT TO s. 38 OF THE ACT WHICH PROVIDES:

38.(1) Subject to this section, no person shall publish by any means any report

(a) of an offence committed or alleged to have been committed by a young person, unless an order has been made under section 16 with respect thereto, or

(b) of a hearing, adjudication, disposition or appeal concerning a young person who committed or is alleged to have committed an offence

in which the name of the young person, a child or a young person who is a victim of the offence or a child or a young person who appeared as a witness in connection with the offence, or in which any information serving to identify such young person or child, is disclosed.

(2) Every one who contravenes subsection (1), …

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

(b) is guilty of an offence punishable on summary conviction.

DATE: 20040310

DOCKET: C39838

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) –and– BERNARD R., a young person (Appellant)

BEFORE:

CATZMAN, DOHERTY and ARMSTRONG JJ.A.

COUNSEL:

Douglas Usher

for the appellant

Shawn Porter

for the respondent

HEARD AND ENDORSED:

March 10, 2004

On appeal from the conviction entered by Justice C.E. Purvis of the Ontario Court of Justice dated June 20, 2002 and from the sentence imposed by Justice Purvis on September 9, 2002.

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

[1] We would dismiss the appeal against conviction. The trial judge was not obliged to articulate a Vetrovec warning in his reasons, and we are not satisfied that, having regard to his reasons as a whole, he did not adequately caution himself with respect to the evidence given by Heron.

[2] Counsel for the Crown acknowledges that the sentence imposed on the appellant is illegal. In order to correct that illegality, we would grant leave to appeal against sentence and reduce the probation period from 2 years to one year.

[3] The sentence imposed on Count 3, the assault charge, is also an illegal sentence. We would vary the sentence on that count to one year, concurrent to the other sentences.