COURT OF APPEAL FOR ONTARIO

DATE: 20031009
DOCKET: C32227

RE: HER MAJESTY THE QUEEN (Respondent) v. ROSS O'DONNELL (Appellant)

BEFORE: O'CONNOR A.C.J.O., CATZMAN and MOLDAVER JJ.A.

COUNSEL: Michael W. Lacy for the appellant F. Richard Connolly for the respondent

HEARD & ENDORSED: October 2, 2003

On appeal from the convictions entered by Justice W. Bassel on March 24, 1999 and the sentence imposed on June 14, 1999.

APPEAL BOOK ENDORSEMENT

[1] We are not persuaded that the trial judge erred in the manner that he addressed the credibility of the complainant. Nor do we think that the trial judge erred in the use to which he made of the complainant's conversation with Bradley. The appellant did not press the third ground of appeal relating to the seizure of the gun. He points out that we need not resolve that matter to sustain the convictions.

[2] Even if the trial judge used the appellant's lack of remorse as an aggravating factor, we are satisfied that the sentence imposed was fit.

[3] Accordingly, the appeal against conviction is dismissed. Leave to appeal sentence is granted and the appeal is dismissed.