CITATION: R. v. Cabral, 2007 ONCA 163

DATE: 20070305

DOCKET: C44881

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. CHRISTOPHER CABRAL (Appellant)

BEFORE:

DOHERTY, JURIANSZ and ROULEAU JJ.A.

COUNSEL:

Kurt Wildman and Lance Talbot

for the appellant

Megan Stephens

for the respondent

HEARD & ENDORSED:

March 2, 2007

On appeal from the sentence imposed by Justice Peter H. Wilkie of the Ontario Court of Justice dated January 19, 2006.

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

[1] It was open to the trial judge to make an order under s. 161. The trial judge’s careful reasons demonstrate that he exercised that discretion judicially. He tailored the order to fit the offender’s circumstances.

[2] Counsel have pointed out that there are mistakes in the s. 161 order and in the SOIRA order. The s. 161 order (Tab 5) should be amended to provide for a ten year duration. The SOIRA order (Tab 4) should be amended to provide for a twenty year duration. The reasons of the trial judge reflect the proper duration of each order.

[3] The errors in the orders are administrative and had there not been an appeal on the merits, the orders could have been corrected by the trial court.

[4] The appeal is dismissed and the orders are to be amended as set out above.