COURT OF APPEAL FOR ONTARIO
McMURTRY C.J.O., CATZMAN and GOUDGE JJ.A.
B E T W E E N :
HER MAJESTY THE QUEEN
(Appellant)
and
NORMAN GROOT
(Respondent)
Miriam Bloomenfeld
for the appellant
Brian W. Greenspan
and Sharon Lavine
for the respondent
Heard: April 30, 1998
McMURTRY C.J.O.:
ADDENDUM TO JUDGMENT
1The court did not intend to preclude the respondent applying
for a discharge by entering a conviction rather than entering a
finding of guilt alone. The case of R. v. Sampson (1975), 23
C.C.C. (2d) 65 would appear to stand for the proposition that a
conviction of an accused would not preclude the granting of a
discharge, either absolutely or conditionally. However, in order
to absolutely clarify this matter, we amend paragraph 27 of our
reasons to provide that the acquittal be set aside and a finding
of guilt be entered for common assault.
Released: February 11, 2000
1 Date format is yyyymmdd
2PUT IN CASE NUMBER – NOT LOWER COURT NUMBERS
