COURT OF APPEAL FOR ONTARIO
Goudge, Armstrong and Rouleau JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Brian Day
Appellant
John H. Hale, for the appellant
Gayle Karding, for the respondent
Heard: October 3, 2011
On appeal from the conviction and sentence imposed on April 19, 2010, by Justice Jean-Marie Bordeleau of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1This is not a case where the appellant and the victim gave completely incompatible versions of what happened. The trial judge’s reasons make clear that the photos of the victim supported the victim’s evidence and that the trial judge acted on that basis.
2His reasons are sufficient for appellate review. The appeal must be dismissed.