DATE: 20040218

DOCKET: C38070

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. DWAYNE GEORGE (Applicant/Appellant)

BEFORE:

DOHERTY, LASKIN and GILLESE JJ.A.

COUNSEL:

Christopher Hicks and Sarah Egan

for the appellant

Shelley Hallett

for the respondent

HEARD & ENDORSED:

February 11, 2004

On appeal from the conviction entered by Justice Lack, sitting with a jury, dated December 6, 2001 and the sentence imposed dated January 8, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] We see no merit in the appeal. On appeal, the stay of proceedings argument was limited to the kidnapping charge. In the circumstances, the decision of the Crown to proceed with the kidnapping charge in Ontario even though a related kidnapping charge had been dismissed at a preliminary hearing in Montreal when the complainant refused to testify cannot be criticized much less be said to be an abuse of process.

[2] The trial judge’s decision to exclude questions relating to the complainant’s work as a prostitute several months after the relevant events was appropriate. The questions had virtually no probative value.

[3] The Vetrovec warning was satisfactory and was not diminished by the subsequent comments relating to the testing of the credibility of all witnesses.

[4] There were numerous reasons for distinguishing between the sentence imposed on the appellant and that imposed on the co-accused. The sentence was fit.

[5] The appeal is dismissed.