DATE: 20030515

DOCKET: C37717

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – BRIAN COLIN LESTER (Appellant)

BEFORE:

CARTHY, MOLDAVER AND FELDMAN JJ.A.

COUNSEL:

Alexander Fiszauf

for the appellant

Alex Hrybinsky

for the Crown, respondent

HEARD:

May 15, 2003

On appeal from the conviction by Justice James C. Kent of the Superior Court of Justice dated November 20, 2001 and on appeal from the sentence imposed by Justice James C. Kent dated January 10, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] We see no merit in the appeal. We’re not convinced that the jury would have been misled by the charge on reasonable doubt nor do we see inconsistency in the verdicts. The jury must have divided the incident into episodes in the manner discussed by the trial judge and counsel.

[2] There is no error in principle in the sentencing and we therefore refuse leave to appeal it and dismiss the appeal against conviction.