CITATION: R. v. Stroud, 2007 ONCA 9

DATE: 20070110

DOCKET: C45793

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) – and – NATHANIEL SHAW STROUD (Accused/Appellant)

BEFORE: WEILER, MACFARLAND AND LAFORME JJ.A.

COUNSEL:

Paul Calarco for the appellant

Andrew Cappell for the respondent

HEARD & ENDORSED: January 9, 2007

On appeal from the conviction entered by Justice Paul H. Megginson dated December 19, 2005 and from the sentence imposed by Justice Megginson dated December 19, 2005.

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

[1] In the circumstances of this case, we are not persuaded that the requirement to report any change of address is breached where the offender regularly spends weekends with his girlfriend and returns to his mother’s home on Sunday evenings or Monday mornings. Considering Stroud’s personal effects, were at his mother’s house and not at Sommerfeld’s there was no address established at Sommerfeld’s house and therefore no actus reus for the offence. The appeal is allowed, the conviction is set aside and an acquittal entered.