DATE: 2005-12-07

DOCKET: C44401

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and - R.E.W. (Being a Young Person within the meaning of the Youth Criminal Justice Act) (Appellant)

BEFORE:

ROSENBERG, GOUDGE and SIMMONS JJ.A.

COUNSEL:

Charles K. Waite

for the appellant

Feroza Bhabha

for the respondent

HEARD:

December 2, 2005

On appeal from sentence imposed by Justice Minoo F. Khoorshed dated October 5, 2005.

E N D O R S E M E N T

[1] At the conclusion of oral argument the court reserved its decision. We are all of the view that the appeal must be dismissed. The case does, however, raise important issues concerning the interpretation of the Youth Criminal Justice Act, S.C. 2000, c. 1, and we therefore intend to provide reasons for our conclusion.

[2] Accordingly, while leave to appeal sentence is granted, the appeal is dismissed for reasons to be delivered.

Signed: "M. Rosenberg J.A."

"S.T. Goudge J.A."

"Janet Simmons J.A."