DATE: 20040916

DOCKET: C39958

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) v. DAVID ROYLANCE (Appellant)

BEFORE: McMurtry C.J.O., DOHERTY AND LANG JJ.A.

COUNSEL: Michael MacDonald for the appellant David Finley for the respondent

HEARD & ENDORSED: September 16, 2004

On appeal from the conviction by Justice Duncan dated April 8, 2003.

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

[1] There was no air of reality to the implied consent defence advanced for the first time on appeal.

[2] On the findings of the trial judge, the appellant’s conduct went well beyond what would be regarded as part of routine physical contact which is an aspect of day-to-day life.

[3] We see no error in the trial judge’s assessment of the complainant’s evidence.

[4] The appeal is therefore dismissed.