DATE: 20060704 DOCKET: C42344

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Appellant) – and– LIONEL ADAMS (Respondent)

BEFORE:

GOUDGE, SHARPE JJ.A. and THEN J. (ad hoc)

COUNSEL:

Mois Rahman for the appellant

Michael Davies for the respondent

HEARD & ENDORSED:

June 30, 2006

On appeal from sentence imposed by Justice Albert J. Roy of the Superior Court of Justice dated August 13, 2004.

APPEAL BOOK ENDORSEMENT

[1] The appellant Adams abandons his conviction appeal. The Crown sentence appeal is allowed. There is no basis for the conditional sentence to be added to a penitentiary term. The appellant Adams is on full parole. The sentence below is varied to provide for two years incarceration for the offences in counts 3, 4, 5, 6 and 7 of the indictment to be served concurrently with the larger sentence.