CITATION: R. v. Walke-Buchanan, 2011 ONCA 587

DATE: 20110912

DOCKET: C53567

COURT OF APPEAL FOR ONTARIO

Weiler, Cronk and Watt JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Nicholas Walke-Buchanan

Appellant

Sam Goldstein, for the appellant

Peter Scrutton, for the Crown

Heard: September 9, 2011

On appeal from the judgment by Justice William A. Gorewich of the Ontario Court of Justice dated March 10, 2011.

APPEAL BOOK ENDORSEMENT

[1] Based on the fresh evidence, the respondent Crown agrees that the conviction cannot stand under s. 95(2). However, the fresh evidence only speaks to the element of that offence. The appellant agrees that he is still guilty of the lesser included offence of unauthorized possession of a firearm. The appeal as to conviction is dismissed pursuant to s. 686(1)(b)(i) and a conviction for the lesser included offence of unauthorized possession of a firearm is substituted. With respect to sentence, we regard the sentence imposed as nonetheless fit having regard to the appellant’s antecedents and the appropriate principles of sentencing. Accordingly, while leave to appeal sentence is granted, the appeal as to sentence is dismissed.