COURT OF APPEAL FOR ONTARIO

DATE: 20061024

DOCKET: C45743

RE: HER MAJESTY THE QUEEN (Respondent) v. MARK BOBER (Appellant)

BEFORE: LASKIN, MOLDAVER and JURIANSZ JJ.A.

COUNSEL: Robert Sheppard for the appellant Veronica Henderson for the respondent

HEARD & ENDORSED: October 19, 2006

On appeal from the sentence imposed by Justice Peter R. Issacs of the Ontario Court of Justice on April 11, 2006.

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 failed to take account of the appellant’s pre-sentence house arrest and his efforts to get professional counselling.

[2] The appellant is a youthful first offender. Her has already served just over 6 months of his sentence. Although he committed a serious offence, we think that a fit sentence would be time served.

[3] As requested by the appellant, the period of probation is increased to three years on the terms imposed by the trial judge.

[4] Accordingly, leave to appeal sentence is granted and the appeal is allowed by reducing the custodial portion of the sentence to time served and increasing the period of probation to three years.