COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) v. SHAWN PATRICK LAVERTY (Appellant)
BEFORE:
McMURTRY C.J.O., DOHERTY AND LANG JJ.A.
COUNSEL:
Tanya Kranjc
for the appellant
Roger Shallow
for the respondent
HEARD & ENDORSED:
September 13, 2004
On appeal from the conviction by Justice Karam dated December 20, 2002 and the sentence imposed dated February 18, 2003.
A P P E A L B O O K E N D O R S E M E N T
1It was open to the trial judge to conclude that the appellant’s statement constituted an admission of guilt. The trial judge was also alive to the inconsistencies of the complainant but was entitled to accept her evidence on the sole issue of lack of consent.
2The appeal as against conviction is therefore dismissed.
3We find no error in principle in the sentence imposed. Leave to appeal sentence is allowed but the appeal as against sentence is dismissed.