DATE: 20060119

DOCKET: C41877

COURT OF APPEAL FOR ONTARIO

RE:

Her Majesty the Queen (Respondent) – and – Terry Sinanan (Appellant)

BEFORE:

LABROSSE, WEILER and MACFARLAND JJ.A.

COUNSEL:

C. Justin Griffin

for the appellant

Shelley Maria Hallett

for the respondent

HEARD & ENDORSED:

January 18, 2006

On appeal from the decision of William J. Festeryga J. of the Superior Court of Justice, dated May 3, 2004 made at Hamilton, Ontario.

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

[1] While the police could have handled the situation with more sensitivity, it’s our view, that the findings of the trial judge that the appellant was not defending himself or his property and that he had no legal justification for threatening to shoot officers, demonstrate no error of law and are dispositive of this appeal. The appeal is dismissed.