CITATION: R. v. Cole, 2011 ONCA 426
DATE: 2011-06-02
DOCKET: C53323
COURT OF APPEAL FOR ONTARIO
Winkler C.J.O, Moldaver and Simmons JJA
BETWEEN:
Her Majesty the Queen
Respondent
and
John Cole
Appellant
Louis P. Strezos, for the appellant
John W. Cole, in person
Grace Choi, for the respondent
Heard: May 20, 2011
On appeal from the sentence imposed on January 17, 2011, by Judge D. Harris of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
[1] The crown agrees the sentence imposed by the trial judge must be reduced by 11 days to give the appellant credit for time served. Beyond that we note that in his Reasons for Sentence the trial judge made no mention of the positive steps taken by the appellant toward rehabilitation. In the circumstances, we would grant leave to appeal sentence and vary the sentence from 6 months consecutive to 6 months concurrent.