DATE: 20040413

DOCKET: C39621

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. RICHARD MILLER (Appellant)

BEFORE:

CHARRON, ARMSTRONG and BLAIR JJ.A.

COUNSEL:

Jeffrey Milligan

for the appellant

Joan Barrett

for the respondent

HEARD AND ENDORSED:

April 8, 2004

On appeal from the conviction entered on November 27, 2002 by Justice S. Casey Hill of the Superior Court of Justice, sitting as a summary conviction appeal court judge appealing the acquittal by Justice Frederick L. Forsyth of the Ontario Court of Justice dated January 15, 2002.

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

[1] The appellant concedes that this court’s decision in R. v. Hatfield (1997), 115 C.C.C. (3d) 47 is dispositive of this appeal and that, unless this court is prepared to overrule the ratio in Hatfield, the appeal must be dismissed.

[2] Counsel for the appellant has not persuaded us that there is any basis upon which this court could, or should, depart from Hatfield.

[3] The appeal is dismissed.