DATE: 20051014

DOCKET: C41652

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) –and- K.H. (Appellant)

BEFORE:

LASKIN, FELDMAN and ARMSTRONG JJ.A.

COUNSEL:

Jason Fraser

for the appellant

Riun Shandler

for the respondent

HEARD & ENDORSED:

September 16, 2005

On appeal from the judgment of N.S. Douglas J. of the Ontario Court of Justice (Youth Court), dated January 19, 2004 made in Guelph.

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

[1] Regardless of whether the disposition was fit when imposed, the Crown fairly acknowledges that in the light of the post sentence report, which shows that the appellant has made remarkable progress in turning her life around, the custodial part of the sentence should be varied to time served.

[2] Moreover, in the light of the appellant’s progress, the restrictive conditions which she has met, and Mr. Caley’s letter, we agree that the probation order should be set aside.

[3] The appeal is allowed. The custodial portion of the sentence is varied to time served and the probation order is set aside.