COURT OF APPEAL FOR ONTARIO

DATE: 20000124

DOCKET: C27872

RE: HER MAJESTY THE QUEEN (Respondent)

v. SEAN HEILIGERS (Appellant)

BEFORE: ABELLA, ROSENBERG and MacPHERSON JJ.A.

COUNSEL: Peter Lindsay,

for the appellant

Karen Shai,

for the respondent

HEARD: January 18, 2000

On appeal from the conviction imposed by Sheppard J. dated March

7, 1997.

E N D O R S E M E N T

[1] We have not been persuaded that the trial judge

misapprehended the evidence in any way that affected his findings

of fact. There was ample evidence to support the convictions for

aggravated assault and assault with a weapon. As to the offence

of possession of a weapon for a purpose dangerous to the public

peace, we do not read the reasons for judgment as imposing any

duty on the appellant to stop his co-accused. Rather, the trial

judge was satisfied that the appellant and his co-accused were

engaged in a joint venture and that the appellant had formed the

requisite intent at the time the co-accused took up the bat.

[2] Accordingly, the appeal is dismissed.

(Signed) "R. S. Abella J.A."

(Signed) "M. Rosenberg J.A."

(Signed) "J. C. MacPherson J.A."