DATE: 20040326

DOCKET: C31440

COURT OF APPEAL FOR ONTARIO

RE:

HER MAESTY THE QUEEN (Respondent) – and – N.K. (Appellant)

BEFORE:

WEILER, CRONK and GILLESE JJ.A.

COUNSEL:

Frank Addario and Catherine Glaister

for the appellant

Alexander Alvaro

for the respondent

HEARD & ENDORSED:

March 25, 2004

On appeal from the conviction entered by Justice Norman Glaude of the Superior Court of Justice dated January 9, 1997 and the sentence imposed by Justice Glaude dated October 3, 1997.

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

[1] The appeal is allowed, the Dangerous Offender designations are set aside, the indeterminate sentences are set aside and a new hearing is ordered.

[2] Since the convictions on counts 21, 38, 39 and 42 were set aside by this court on June 20, 2003 (an acquittal was entered on count 21), the court further orders that the fixed sentence of twelve years, two months be quashed and a new hearing ordered under s. 686(8).

[3] The parties are agreed that the sentencing should take place before Glaude J.