DATE: 20050208

DOCKET: C42128

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Applicant/Appellant) -and- ROBERT LAROCQUE (Respondent)

BEFORE: LASKIN, ROSENBERG and LaFORME JJ.A.

COUNSEL:

Laura Hodgson for the appellant

Charles C. Conroy for the respondent

HEARD AND ENDORSED: February 4, 2005

On appeal from the sentence imposed by Justice Louise L. Gauthier of the Superior Court of Justice on June 17, 2004.

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

[1] Especially in the light of the age of the respondent when he committed these offences, we are not persuaded that the trial judge erred in imposing a conditional sentence. However, we are of the view that the trial judge erred in failing to impose house arrest as a term of the conditional sentence order. The respondent’s counsel fairly concedes this.

[2] Accordingly, leave to appeal sentence is granted and the appeal is allowed by varying the terms of the conditional sentence order in accordance with the draft order filed.