DATE: 20061212

DOCKET: C44567

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Applicant/Appellant) – and – ANGUS SPRACKLIN (Respondent)

BEFORE:

LABROSSE, WEILER and SHARPE JJ.A.

COUNSEL:

Philip Perlmutter

for the appellant

Gregory Lafontaine

for the respondent

HEARD & ENDORSED:

December 11, 2006

On appeal from the decision of the summary conviction appeal court dated November 10, 2005 by Justice Bonnie L. Croll of the Superior Court of Justice allowing the appeal from the conviction entered on March 3, 2005 by Justice Eric S. Lindsay of the Ontario Court of Justice.

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

[1] Questions of law should not be decided in the abstract. On the basis of this record, we agree with the summary conviction appeal judge that the findings are not sufficiently clear to permit us to deal with the legal question posed by the appellant.

[2] Leave to appeal is denied.