DATE: 20041216

DOCKET: C42539

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – SEAN MCLEAN (Appellant)

BEFORE:

ROSENBERG, MOLDAVER and SIMMONS JJ.A.

COUNSEL:

Timothy E. Breen

for the appellant

Joan Barrett

for the respondent

HEARD & ENDORSED:

December 2, 2004

On appeal from sentence imposed by Justice Jon-Jo A. Douglas of the Ontario Court of Justice dated August 24, 2004.

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

[1] Given the appellant’s age, record and role in the offence the sentence proposed in the joint submission was not out of the range and would not bring the administration of justice into disrepute.

[2] Accordingly, leave to appeal is granted, the appeal is allowed and the custodial sentence reduced to time served. The probation order will stand.