Court of Appeal for Ontario

Citation: R. v. Roebuck, 2007 ONCA 857

Date: 20071207

Docket: C46059

Before: LASKIN, ROSENBERG and MACPHERSON JJ.A.

Between:

HER MAJESTY THE QUEEN

Applicant/Appellant

and

FRANK WELDON ROEBUCK

Respondent

Counsel:

Kimberly Crosbie for the appellant

Frank Weldon Roebuck in person

Heard: December 6, 2007

On appeal from the sentence imposed by Justice Hugh R. McLean of the Superior Court of Justice, sitting with a jury, on September 11, 2006.

APPEAL BOOK ENDORSEMENT

[1] We agree with the Crown that the trial judge failed to apply the test in s. 490.012(4) of the Criminal Code. We are not persuaded that there is any basis to refuse the order.

[2] Accordingly, the appeal is allowed and an order shall issue under s. 490.012(1) of the Criminal Code requiring the respondent to register under Sex Offender Information Registration Act.