COURT OF APPEAL FOR ONTARIO
DATE: 20060206
DOCKET: C41632
RE: HER MAJESTY THE QUEEN (Respondent) – and – WINSTON PAUL DURANT (Appellant)
BEFORE: LABROSSE, WEILER and MACFARLAND JJ.A.
COUNSEL:
Joseph Di Luca for the appellant
Eliott Behar for the respondent
HEARD & RELEASED ORALLY: January 18, 2006
On appeal from the conviction entered on March 12, 2004 and the sentence imposed on March 26, 2004 by Justice Arthur C. Whealy of the Superior Court of Justice, sitting with a jury.
A D D E N D U M
[1] As the oral argument related only to the sexual assault conviction we neglected to note that there were two other counts that stemmed from this conviction, namely, failed to comply recognizance and failed to comply with probation. The endorsement, released on January 20, 2006, should have specified that a new trial was being ordered on all the counts.
"J. M. Labrosse J.A."
"Karen M. Weiler J.A."
"J. MacFarland J.A."