Court of Appeal for Ontario

Date: 2019-04-12 Docket: C66201 Judges: Benotto, Brown and Fairburn JJ.A.

Between

Her Majesty the Queen Respondent

and

Steven Gotzamanis Appellant

Counsel

Peter Copeland, duty counsel Steven Gotzamanis, in person Michael Fawcett, for the Crown

Heard: April 9, 2019

On appeal from: The sentence imposed on October 11, 2018 by Justice Peter Bourque of the Ontario Court of Justice.

Appeal Book Endorsement

[1] The appellant challenges the terms of a probation order prohibiting him from contacting his parents. He bases the appeal on the sentencing judge's change of position from the impression he gave during the J.P.T. He claims this prejudiced him because he did not have the opportunity to make submissions.

[2] We do not accept this argument.

[3] It was clear during sentencing submissions that probation had not been decided and the sentencing judge was considering imposing it.

[4] There was no procedural unfairness. The appellant has not challenged his plea. There is no basis to interfere with the probation order. We note that it is open to the parents to consent to contact.

[5] The appeal is dismissed.