Court of Appeal for Ontario

Date: 2024-04-15 Docket: COA-22-CR-0286

Before: Benotto, Coroza and Dawe JJ.A.

Between: His Majesty the King, Respondent and Robert Rouse, Appellant

Counsel: Robert Rouse, acting in person Ian Kasper, appearing as duty counsel Andrew Choat, for the respondent

Heard and released orally: April 11, 2024

On appeal from the sentence imposed on October 7, 2022 by Justice Giulia Gambacorta of the Superior Court of Justice.

Reasons for Decision

[1] The sentencing judge stated that she did not have any evidence of the negative impact on Mr. Rouse with respect to his liberty or ability to carry out normal relationships or employment.

[2] In fact, the appellant’s father, his surety, worked full time during the day and the strict condition required Mr. Rouse to be either in the house or, if out of the house, under the surety’s supervision. The time spent on house arrest therefore did have an impact on him which should have mitigated his sentence.

[3] Leave to appeal the sentence is granted and the appeal is allowed. We agree with a reduction of 7.5 months for the time spent on house arrest.

"M.L. Benotto J.A."

"S. Coroza J.A."

"J. Dawe J.A."