COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) v. MALCOM CHARLES (Appellant)
BEFORE:
DOHERTY, ARMSTRONG JJ.A. and BLAIR R.SJ. ad hoc
COUNSEL:
Alan Richter
for the appellant
Sarah Gray
for the respondent
HEARD & ENDORSED:
June 13, 2003
On appeal from the order of Justice Salmers of the Superior Court of Justice dated September 25, 2002.
A P P E A L B O O K E N D O R S E M E N T
1The appellant’s own statements provided ample evidence from which a reasonable jury, properly instructed, could infer that the complainant was not consenting and could not consent to the sexual activity.
2The appellant’s claim that the committal was arbitrary and made in the absence of any evidence from which the absence of consent could be inferred is without merit.
3The appeal is dismissed.