DATE: 20010208

DOCKET: C28570

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) and DARRELL MORRISON (Appellant)

BEFORE: CHARRON, FELDMAN AND MACPHERSON JJ.A.

COUNSEL: Anthony Moustacalis for the appellant

Leslie Paine for the respondent

HEARD: February 5, 2001

RELEASED ORALLY: February 5, 2001

On appeal from the conviction and sentence imposed by Justice John F. Hamilton, without a jury, on July 3, 1997.

E N D O R S E M E N T

[1] The appellant appeals his conviction on two grounds: (1) that the verdict was unreasonable; and (2) that defence counsel provided the accused with ineffective assistance. We see no merit in either ground of appeal. There was sufficient evidence to support his verdict, including the testimony of the complainant which was believed by the trial judge.

[2] The ground of appeal relating to ineffective assistance of counsel is, in our view, misconceived. Appellate counsel should realize that this ground of appeal should be advanced only after very careful consideration. In this appeal the record gives rise to no basis whatsoever for this ground of appeal. It should not have been raised. See: Regina v. Wells, (Ont.C.A., January 17, 2001, paragraph 76).

[3] The appellant also seeks leave to appeal his sentence which was nine years in addition to time served. Although this sentence is at the upper end of the range, the combination of serious offences committed by the appellant, including sexual assault with a weapon, assault causing bodily harm and forcible confinement, together with his extensive criminal record, justify the sentence.

[4] Accordingly, the appeal from conviction is dismissed. Leave to appeal the sentence is granted and the appeal from sentence is dismissed.

(signed) “Louise Charron J.A.”

(signed) “K. Feldman J.A.”

(signed) “J. C. MacPherson J.A.”