DATE: 20061212

DOCKET: C45144

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Appellant) v. RYAN ANTHONY DALEY (Respondent)

BEFORE:

DOHERTY, LASKIN and ARMSTRONG JJ.A.

COUNSEL:

R. W. Hubbard

for the appellant

Respondent appearing in-person

HEARD & ENDORSED:

December 8, 2006

On appeal from the sentence imposed by Justice Hamilton of the Superior Court of Justice dated March 3, 2006.

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

[1] The sentence is illegal. The sentence will be varied to a suspended sentence with probation for two years running from March 3, 2006 on the same terms imposed by the trial judge. The other components of the sentence remain as imposed by the trial judge.