COURT OF APPEAL FOR ONTARIO

DATE: 20001212

DOCKET: C34454

RE: HER MAJESTY THE QUEEN (Respondent) v. DAVID WILLIAM MARRIOTT (Appellant)

BEFORE: OSBORNE A.C.J.O., DOHERTY and LASKIN JJ.A.

COUNSEL: appellant appearing in person

Alexander Hrybinsky

for the respondent

HEARD: October 23, 2000

On appeal from the conviction imposed by Justice Bernard T. Ryan dated May 16, 2000.

E N D O R S E M E N T

[1] This matter came before us on October 23, 2000. We endorsed the record as follows:

We need a transcript of the evidence of the witness of Wigle. The Crown should order that transcript on an expedited basis. We will consider the appellant’s submissions once we receive the transcript. The appellant has consented to this procedure so that he will not have to return to Toronto from Ottawa where he is in custody on other matters.

[2] All of the transcripts are now available and we have reviewed them.

[3] The trial judge accepted the evidence of Mr. Wigle and described the appellant’s version of events as “preposterous”. On our review of the evidence, we think that the trial judge’s description of the appellant’s story is appropriate. We see no merit in the appeal.

[4] Accordingly, the appeal is dismissed.

“C.A. Osborne A.C.J.O.”

“D.H. Doherty J.A.”

“J.I. Laskin J.A.”