R. v. R.J.
Her Majesty the Queen, respondent, and
 O.J. No. 3143
Court File No. C37651
Ontario Court of Appeal
Doherty, Rosenberg and Cronk JJ.A.
August 9, 2002.
Tushar K. Pain, for the appellant.
No counsel mentioned for the respondent.
The judgment of the Court was delivered by
¶ 1 DOHERTY J.A. (endorsement): The trial judge did not have the benefit of this court’s decision in R. v. Schan,  O.J. No. 600, (February 15, 2002). In the light of that decision and the fact that the appellant had served 21 days we are satisfied that a conditional sentence would be appropriate. The sentence will be varied to a conditional sentence of 12 months on the terms as set out in R. v. Cohen. The appellant will also continue to see Dr. Gojer. The conditional sentence will be followed by probation for 2 years on the statutory terms plus the terms identified in paragraphs (a), (g), (p) and (q) in the present order.
¶ 2 Leave to appeal granted, the appeal allowed and sentence varied.