COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Respondent) v. ADAM KENNETH LOCK (Appellant)
BEFORE: DOHERTY, MOLDAVER and LAFORME JJ.A.
COUNSEL: Daniel Stein for the appellant Deborah Krick for the respondent
HEARD & ENDORSED: March 17, 2006
On appeal from the conviction entered by Justice L.E. Chester of the Ontario Court of Justice dated March 29, 2005.
A P P E A L B O O K E N D O R S E M E N T
1It is conceded that the court had no jurisdiction to proceed on the counselling charge without a proper election. That conviction is a nullity and must be quashed. It will be for the Crown to decide whether to proceed on the charge de novo.
2There is no merit to the arguments directed at the validity of the appellant’s conviction on the mischief charge. That appeal is dismissed.