COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Stone, 2014 ONCA 741

DATE: 20141028

DOCKET: C57664

Sharpe, Hourigan and Pardu JJ.A.

BETWEEN

Her Majesty the Queen

Appellant

and

Robert Glenn Stone

Respondent

Counsel:

Phil Perlmutter, for the appellant

Jonathan Rudin, for the respondent

Heard: October 22, 2014

On appeal from the sentence imposed on August 29, 2013 by Justice G. Mark Hornblower of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] The trial judge, relying on R. v. Anderson, [2012] NLCA 69, set aside the Crown’s notice of prior conviction, served pursuant to s. 255.

[2] The Supreme Court of Canada subsequently reversed R. v. Anderson, [2014] SCC 41. It is common ground that, as a consequence, the trial judge erred by failing to impose the mandatory minimum sentence of 120 days.

[3] The respondent has now served the full 12-month conditional sentence.

[4] In these circumstances, the appeal is allowed. A sentence of 120 days custody is imposed, but as the respondent has served the conditional sentence, the sentence is stayed.

[5] The prohibition order is maintained.