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
1There was no air of reality to the implied consent defence advanced for the first time on appeal.
2On 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.
3We see no error in the trial judge’s assessment of the complainant’s evidence.
4The appeal is therefore dismissed.