COURT OF APPEAL FOR ONTARIO

DATE: 20000211

DOCKET: C25578

McMURTRY C.J.O., CATZMAN and GOUDGE JJ.A.

B E T W E E N :

HER MAJESTY THE QUEEN

(Appellant)

and

NORMAN GROOT

(Respondent)

Miriam Bloomenfeld
for the appellant

Brian W. Greenspan
and Sharon Lavine
for the respondent

Heard: April 30, 1998

McMURTRY C.J.O.:

[1] The court did not intend to preclude the respondent applying

for a discharge by entering a conviction rather than entering a

finding of guilt alone. The case of R. v. Sampson (1975), 23

C.C.C. (2d) 65 would appear to stand for the proposition that a

conviction of an accused would not preclude the granting of a

discharge, either absolutely or conditionally. However, in order

to absolutely clarify this matter, we amend paragraph 27 of our

reasons to provide that the acquittal be set aside and a finding

of guilt be entered for common assault.

Released: February 11, 2000

1 Date format is yyyymmdd

2 PUT IN CASE NUMBER – NOT LOWER COURT NUMBERS