Court of Appeal for Ontario

CITATION: R. v. Spencer, 2010 ONCA 476

DATE: 20100702

DOCKET: C51622

Laskin, MacPherson and Simmons JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Junior Spencer

Appellant

Counsel: Ingrid Grant, for the appellant Karen Papadopoulos, for the respondent

Heard: June 30, 2010

On appeal from the conviction entered and the sentence imposed by Justice Maryka Omatsu of the Ontario Court of Justice, on November 18, 2009.

APPEAL BOOK ENDORSEMENT

[1] In the light of the fresh evidence, the two convictions related to possession of a controlled substance and breach of a long term supervision order are set aside, and acquittals entered on those two counts.

[2] The sentence related to the other breach of long term supervision order is replaced by a sentence of 12 months less 3 months pre-trial custody for a total sentence of 9 months.