COURT OF APPEAL FOR ONTARIO

DATE: 20000526

DOCKET: C33182

RE: HER MAJESTY THE QUEEN (Appellant) –and– ADAM RODNEY LOACH (Respondent)

BEFORE: FINLAYSON, DOHERTY and O’CONNOR JJ.A.

COUNSEL: Adam Rodney Loach, the respondent in person Randolv Schwartz, for the appellant

HEARD: May 23, 2000

On appeal from the summary conviction appeal judgment given by Valin J. dated October 22, 1999.

E N D O R S E M E N T

[1] This is a Crown appeal on a question of law alone from the decision of Valin J., sitting as a summary conviction appeal court judge. The respondent had been convicted by Fournier J. of sexual assault arising out of the touching of the eight-year-old complainant when he was acting as her babysitter.

[2] The question of law the Crown puts forward in this court is that Valin J. erred in law in his analysis of the trial judge’s self-instruction on the burden of proof. This is an analysis that is restricted to the particular facts of this case and the specific language used by the trial judge.

[3] In the circumstances of this case, we are not prepared to

grant leave to appeal. Application dismissed.

Signed: “G.D. Finlayson J.A.”

“Doherty J.A.”

“Dennis O’Connor J.A.”