COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) v. PETER CHATT (Appellant)
BEFORE:
McMURTRY C.J.O., DOHERTY AND LANG JJ.A.
COUNSEL:
Jame Carlisle
for the appellant
Shelley Hallett
for the respondent
HEARD & ENDORSED:
September 16, 2004
On appeal from the conviction by Justice C. Purvis dated July 23, 2002 and the sentence imposed dated May 26, 2003.
A P P E A L B O O K E N D O R S E M E N T
1The trial judge properly instructed himself as to the “colour of right defence” and found that the Crown had proved beyond a reasonable doubt that there was no colour of right with respect to the conversion of the monies.
2The appeal as to conviction is therefore dismissed.
3With respect to the sentence appeal, the evidence established that that was a significant commercial fraud which required an expression of denunciation particularly as there has been no restitution.
4Leave to appeal sentence is granted but the appeal as against sentence is dismissed.