WARNING

THIS IS AN APPEAL UNDER THE

YOUNG OFFENDERS ACT

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

(i) 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: 20040405

DOCKET: C40831

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – O. I. G. (Young Offender) (Appellant)

BEFORE:

GOUDGE, SHARPE AND CRONK JJ.A.

COUNSEL:

Alex Burns

for the appellant

Anya Weiler

for the Crown, respondent

HEARD & ENDORSED:

April 1, 2004

On appeal from the sentence imposed by Justice B. Zabel of the Ontario Court of Justice Youth Court dated October 15, 2003.

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

[2] On consent appeal allowed and sentence varied to remove the period of closed and supervised custody and the final term of the probation order.