COURT FILE NO.: 15-A10534 DATE: 2025/05/16 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: HIS MAJESTY THE KING – and – Michael Franchina Respondent Sophie Reynolds for the Crown Michael Franchina, Self-Represented HEARD: April 15, 2025 REASONS FOR DECISION ON SUMMARY CONVICTION APPEAL ANNE London-weinstein j. [ 1 ] Mr. Franchina was charged with one count of assault with a weapon. After trial, he was sentenced to an absolute discharge and a s. 109 weapons prohibition order was ordered, pursuant to the Criminal Code , R.S.C., 1985, c. C-46, on May 9, 2016. However, the Crown proceeded by way of summary conviction. A s 109 order is not available where the Crown proceeds by way of summary conviction and an absolute discharge is imposed. R v Touray, 2024 ONSC 3748 . [ 2 ] Mr. Franchina is unrepresented in these proceedings. Ms, Reynolds is to be commended for her fairness and professionalism in conceding the error made in the court below and bringing this matter forward for review as a Summary Conviction Sentence Appeal. [ 3 ] Leave to appeal sentence is granted. The sentence is varied and the weapons prohibition which was ordered in error under s. 109 is deleted as a condition from the sentence previously imposed. ___________________________ Anne London-Weinstein J. Released: May 16, 2025 COURT FILE NO.: 15-A10534 DATE: 2025/05/16 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: HIS MAJESTY THE KING – and – Michael Franchina Respondent reasons for decision on summary conviction appeal Anne London-Weinstein J. Released: May 16, 2025
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