CITATION: R v. Roberts, 2009 ONCA 146

DATE: 20090213

DOCKET: C48828

COURT OF APPEAL FOR ONTARIO

Feldman, MacPherson and Armstrong JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

and

Mark Roberts

Appellant

Anita Szigeti, amicus curiae, for the appellant

K. Papadopoulos for the respondent Crown

Jay Hammond, for the Centre for Addiction and Mental Health

Heard and endorsed: February 10, 2009

On appeal from the decision of the Ontario Review Board dated November 6, 2007.

APPEAL BOOK ENDORSEMENT

[1] Mr. Roberts did not appear this morning for his appeal and left a voice mail with his case worker that he was sorry he would not be appearing this morning. He was aware of the date, place and time and courtroom number. The Crown and hospital submit that the appeal should be dismissed as abandoned. Amicus counsel takes no position. We agree that it is appropriate to dismiss the appeal as abandoned. The appeal is in respect of a 2007 hearing that has now been superseded by a subsequent hearing last October 2008 which proceeded on the basis of a joint submission. The appellant now lives in the community. The appeal is dismissed as abandoned.