COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Appellant) –and– ADAM RODNEY LOACH (Respondent)
BEFORE: FINLAYSON, DOHERTY and O’CONNOR JJ.A.
COUNSEL: Adam Rodney Loach, the respondent in person Randolv Schwartz, for the appellant
HEARD: May 23, 2000
On appeal from the summary conviction appeal judgment given by Valin J. dated October 22, 1999.
E N D O R S E M E N T
1This is a Crown appeal on a question of law alone from the decision of Valin J., sitting as a summary conviction appeal court judge. The respondent had been convicted by Fournier J. of sexual assault arising out of the touching of the eight-year-old complainant when he was acting as her babysitter.
2The question of law the Crown puts forward in this court is that Valin J. erred in law in his analysis of the trial judge’s self-instruction on the burden of proof. This is an analysis that is restricted to the particular facts of this case and the specific language used by the trial judge.
3In the circumstances of this case, we are not prepared to
grant leave to appeal. Application dismissed.
Signed: “G.D. Finlayson J.A.”
“Doherty J.A.”
“Dennis O’Connor J.A.”