DATE: 20040218

DOCKET: C35775

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) v. BENITO JOHN ALLISON (Appellant)

BEFORE: DOHERTY, GOUDGE JJ.A. and CAVARZAN J. (ad hoc)

COUNSEL:

Peter Connelly for the appellant

Roger Shallow for the respondent

HEARD & ENDORSED: February 16, 2004

On appeal from the conviction entered by Justice H. Locke dated October 20, 2000 and the sentence imposed dated January 21, 2001.

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

[1] We are not satisfied that the trial judge misapprehended the evidence in respect of exhibit 4. It was open to him to conclude that it was clearly fraudulent in that it did not reflect the transaction even as described by the appellant. In any event, we do not consider the reference to exhibit 4 as central to the trial judge’s disposition. He rejected the appellant’s evidence primarily because it was inconsistent with the appellant’s admitted mode of practice.

[2] The conviction appeal is dismissed.

[3] The challenged term of the probation order was agreed to by counsel, is not punitive and has some rehabilitative potential. The appeal is dismissed.