DATE: 20050914

DOCKET: C42945

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – DEREK CRANDALL (Appellant)

BEFORE:

WEILER, BLAIR and LAFORME JJ.A.

COUNSEL:

Timothy E. Breen

for the appellant

Anya Weiler

for the respondent

HEARD & ENDORSED:

September 9, 2005

On appeal from the judgment of Justice W. Brian Stead of the Ontario Court of Justice dated July 29, 2004.

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

[1] The trial judge very carefully considered all of the relevant factors and crafted a sentence that was fit and appropriate at the time. Having regard to the fresh evidence filed, which the Crown agrees is compelling, however, it is not in the interests of justice to re-incarcerate the appellant.

[2] Accordingly, leave to appeal is granted, the appeal is allowed and the sentence varied to a conditional sentence of two years less one day, subject to the agreed conditions attached, to be followed by two years probation subject to the same conditions save for the curfew which will not apply.