DATE: 20050118

DOCKET: C41624-C42342

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. DAVID BROOKS (Appellant)

BEFORE:

DOHERTY, LASKIN and FELDMAN JJ.A.

COUNSEL:

Sarah Egan

for the appellant

Deborah Krick

for the respondent

HEARD & ENDORSED:

January 10, 2005

On appeal from the sentence imposed by Justice Evans dated September 16, 2003.

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

[1] The term excluding the appellant from Muskoka was appropriate given the appellant’s avowed intention to leave that area as a step in his rehabilitative process.

[2] We would not interfere with the trial judge’s refusal to vary the probation term prohibiting contact with the complainant. The nature of the offences justified the trial judge’s concerns about varying that term of the order so soon after the appellant’s release.

[3] We would dismiss the appeals without prejudice to a further application to vary if the circumstances warrant.