COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Respondent) v. DAVID WILLIAM MARRIOTT (Appellant)
BEFORE: OSBORNE A.C.J.O., DOHERTY and LASKIN JJ.A.
COUNSEL: appellant appearing in person
Alexander Hrybinsky
for the respondent
HEARD: October 23, 2000
On appeal from the conviction imposed by Justice Bernard T. Ryan dated May 16, 2000.
E N D O R S E M E N T
1This matter came before us on October 23, 2000. We endorsed the record as follows:
We need a transcript of the evidence of the witness of Wigle. The Crown should order that transcript on an expedited basis. We will consider the appellant’s submissions once we receive the transcript. The appellant has consented to this procedure so that he will not have to return to Toronto from Ottawa where he is in custody on other matters.
2All of the transcripts are now available and we have reviewed them.
3The trial judge accepted the evidence of Mr. Wigle and described the appellant’s version of events as “preposterous”. On our review of the evidence, we think that the trial judge’s description of the appellant’s story is appropriate. We see no merit in the appeal.
4Accordingly, the appeal is dismissed.
“C.A. Osborne A.C.J.O.”
“D.H. Doherty J.A.”
“J.I. Laskin J.A.”