COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Respondent) –and– DARRYL GORDON HEYWOOD (Appellant)
BEFORE: ABELLA, SIMMONS and LANG JJ.A.
COUNSEL: Gregory Lafontaine for the appellant Lorna Bolton for the respondent
HEARD AND ENDORSED: May 6, 2004
On appeal from the conviction entered by Justice A. Whitten of the Superior Court of Justice, sitting without a jury, on January 27, 2003 and from the sentence imposed by Whitten J. dated January 27, 2003.
A P P E A L B O O K E N D O R S E M E N T
1On consent, the conviction is set aside, and a new trial is ordered on Count #2.
2In the circumstances, and based on the fresh evidence, we see no basis for reincarcerating the appellant and would, accordingly, allow the sentence appeal on all remaining counts and vary the sentences to time served.