CITATION: R. v. Rose, 2009 ONCA 688

DATE: 20090928

DOCKET: C50653

COURT OF APPEAL FOR ONTARIO

MacPherson, Blair and Epstein JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

and

Christopher John Rose

Appellant

Howard L. Krongold, for the appellant

Greg Skerkowski, for the respondent

Heard: September 28, 2009

On appeal from the conviction entered by Justice David W. Dempsey of the Ontario Court of Justice on January 14, 2009.

APPEAL BOOK ENDORSEMENT

[1] The parties agree that the charges giving rise to the recognizance were withdrawn. Accordingly, the appellant was not in fact bound by a recognizance on December 13, 2008, and was therefore not in breach of any court order by consuming alcohol.

[2] Accordingly, the appeal on the count of breach of recognizance is allowed.