CITATION: R. v. Quirion, 2011 ONCA 276

DATE: 20110408

DOCKET: C50984

COURT OF APPEAL FOR ONTARIO

Rosenberg, Juriansz and LaForme JJ.A.

BETWEEN

Her Majesty The Queen

Respondent

and

Julien Quirion

Applicant (Appellant)

Andrew Perrin, for the appellant

Christopher Greene, for the respondent

Heard and endorsed: April 4, 2011

On appeal from sentence imposed by Justice Duchesneau-McLachlan of the Ontario Court of Justice dated September 1, 2009.

APPEAL BOOK ENDORSEMENT

[1] The trial judge’s reasons for sentencing this first offender to jail for this non-violent offence were completely inadequate. Accepting the need for general deterrence in the community, as the Crown fairly concedes, that objective could be accomplished by a non-custodial sentence with appropriate terms of probation.

[2] Accordingly, the appeal is allowed and the sentence varied to a suspended sentence and two years probation on the statutory terms and the terms as set out in the attachment.