COURT OF APPEAL FOR ONTARIO
DATE: 20050513
DOCKET: C42228
RE: HER MAJESTY THE QUEEN (Respondent) – and – BRADLEY LABADIE (Appellant)
BEFORE: ROSENBERG, BLAIR and JURIANSZ JJ.A.
COUNSEL: Timothy E. Breen for the appellant Paul G. McDermott for the respondent
HEARD & ENDORSED: May 12, 2005
On appeal from sentence imposed by Justice J. Robert MacKinnon of the Superior Court of Justice dated June 9, 2004.
A P P E A L B O O K E N D O R S E M E N T
[1] We agree with the concession of Crown counsel that condition r(8) of the probation order is not a reasonable condition of probation and should be deleted. Accordingly, leave to appeal sentence is granted and the appeal is allowed and condition r(8) of the probation order is deleted.
[2]