Court of Appeal for Ontario

Citation: R. v. Toulouse, 2013 ONCA 22

Date: 2013-01-16

Docket: C55193

Before: Weiler, Blair and Rouleau JJ.A.

Between:

Her Majesty the Queen

Appellant

and

Jordan Toulouse

Respondent

Counsel:

Greg Skerkowski, for the appellant

Julie Santarossa, for the respondent

Heard and released orally: January 11, 2013

On appeal from the sentence imposed on February 14, 2012 by Justice Dianne Pettit Baig of the Ontario Court of Justice, sitting without a jury.

ENDORSEMENT

[1] The Crown appeals from the 14-month conditional sentence imposed by the trial judge for aggravated assault. The respondent agrees that the trial judge erred in law and that a conditional sentence was not available for this offence. We agree that a sentence of incarceration would have been appropriate.

[2] However, the respondent has served approximately 11 months of his sentence and we think no useful purpose would be served by incarcerating the respondent at this time. We are of the opinion that, having regard to the strong rehabilitative potential the appellant has shown and, bearing in mind the Gladue principles, the appeal as to sentence should be allowed and the sentence varied to a jail sentence of approximately 11 months, whose time has been served. In addition, we affirm the trial judge’s order for the taking of DNA samples pursuant to s. 487.051 of the Criminal Code and the order under s. 109 of the Criminal Code prohibiting the respondent from possessing weapons for five years. We also impose a probation order of 12 months from today on the terms indicated in the order.

“K.M. Weiler J.A.”

“R.A. Blair J.A.”

“Paul Rouleau J.A.”