R. v. Zietsoff

2009 BCCA 532 R. v. Zietsoff

COURT OF APPEAL FOR BRITISH COLUMBIA Citation: R. v. Zietsoff, 2009 BCCA 532 Date: 20091119 Docket: CA036794; CA036795 Between: Regina Respondent And John William Zietsoff Appellant Before: The Honourable Madam Justice Prowse The Honourable Madam Justice Newbury The Honourable Mr. Justice Lowry On appeal from: Provincial Court of British Columbia, December 5, 2001 (R. v. Zietsoff, Vancouver Reg. 127353-1-D, 127388-1, 127389-D, 128032-1-HT) Oral Reasons for Judgment Counsel for the Appellant: M.S.A. Fox Counsel for the (Crown) Respondent: M. Brundrett Place and Date of Hearing: Vancouver, British Columbia November 19, 2009 Place and Date of Judgment: Vancouver, British Columbia November 19, 2009 [1] PROWSE J.A.: This is a sentence appeal in which counsel agree that a two year probation order imposed on Mr. Zietsoff by the Honourable Judge Arnold on December 6, 2001 has become unlawful as a result of a subsequent sentence imposed on Mr. Zietsoff by the Honourable Judge Sinclair on March 13, 2003. [2] The relevant authority relied on by counsel is R. v. Pollock, 2005 BCCA 500. In the result, I would grant Mr. Zietsoff's application for an extension of time for leave to appeal the sentence of December 6, 2001. I would grant leave to appeal and I would allow the appeal, but only to the extent of setting aside the two year probation order. [3] NEWBURY J.A.: I agree. [4] LOWRY J.A.: I agree. [5] PROWSE J.A.: So ordered. "The Honourable Madam Justice Prowse"