COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – JEAN GERALD DIONNE (Appellant)
BEFORE:
LABROSSE. WEILER and SHARPE JJ.A.
COUNSEL:
Sam Scratch
for the appellant
Joseph Perfetto
for the respondent
HEARD & ENDORSED:
December 12, 2006
On appeal from the sentence imposed by Justice W. Dan Chilott of the Superior Court of Justice, sitting with a jury, on December 7, 2001.
A P P E A L B O O K E N D O R S E M E N T
1The appellant raises one issue on this appeal, namely, that the trial judge reversed the burden of proof. Wherever the burden lies (an issue we need not decide) this case did not turn on the burden of proof.
2The trial judge carefully weighted all the evidence and concluded in the words of s. 753.1(1)(c) that he was not satisfied that there was a reasonable possibility of eventual control of the risk in the community.
3The appeal is dismissed.