Court of Appeal for Ontario

Date: 2022-11-02 Docket: C68301

Before: Fairburn A.C.J.O., Doherty and Lauwers JJ.A.

Between:

His Majesty the King, Respondent

and

Akada Bruce, Appellant

Counsel: Howard L. Krongold, for the appellant Michael Fawcett, for the respondent

Heard: In writing

On appeal from: the conviction entered on July 4, 2019, and the sentence imposed on March 5, 2020 by Justice M. Labrosse of the Superior Court of Justice.

Reasons for Decision

[1] The conviction appeal is dismissed as abandoned.

[2] Counsel for the appellant submits that, in the present circumstances, a further period of incarceration is unnecessary. He submits that the sentence should be varied to a conditional sentence in the terms set out at Tab 8 of the joint compendium. Crown counsel agrees.

[3] We are prepared to vary the sentence in accordance with the joint submission. The conditional sentence will be for a period of 583 days (taking into account the period that the appellant served in custody pending the appeal). The conditions will be as set out in the attachment to counsel’s letter of October 12, 2022.

“Fairburn A.C.J.O.”

“Doherty J.A.”

“P. Lauwers J.A.”