Court of Appeal for Ontario

R. v. Gyorkos

Date: 2000-03-01

Anil K. Kapoor, for the appellant;

No counsel disclosed for respondent.

(C31667)

[1] By the Court: The trial judge recognized that there were inconsistencies in the evidence. His treatment of the children's evidence was reasonable. The trial judge did not err in his approach to the assessment of credibility.

[2] The reference by the trial judge to "corroboration" was misplaced. However, it was not unreasonable for the trial judge to conclude, on all of that evidence that the appellant was guilty of the offenses charged. Leave to appeal conviction is granted but the appeal is dismissed.

[3] As to sentence, the appellant concedes that he can be required "to attend for a comprehensive psychiatric assessment to determine sexual preference". The respondent concedes that the specific wording of this order only requires the appellants "to attend". In view of the concessions it is not necessary for us to address the issue of the validity of probation orders requiring a convicted person to submit to assessment.

[4] On this basis, leave to appeal sentence is denied.

Appeal dismissed.