CITATION: R. v. Bourgoin, 2007 ONCA 187

DATE: 20070319

DOCKET: C46012

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – JOSEPH BOURGOIN (Appellant)

BEFORE:

ROSENBERG, GOUDGE and MacFARLAND JJ.A.

COUNSEL:

Geraldine Castle-Trudel

for the appellant

Megan Stephens

for the respondent

HEARD & ENDORSED:

March 16, 2007

On appeal from sentence imposed by Justice Grant Radley-Walters of the Ontario Court of Justice, dated August 1, 2006.

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

[1] The custodial portion of the sentence has been served. We see no reason to interfere with the probation terms. It was clearly appropriate in this case. The trial judge considered the possible impact of the pretrial house arrest and was not satisfied that the appellant had shown that it had any impact on him. We are not persuaded that the trial judge erred.

[2] Accordingly, while leave to appeal sentence is granted, the appeal is dismissed.