COURT OF APPEAL FOR ONTARIO

DATE: 2003-06-02

DOCKET: C37122

RE: HER MAJESTY THE QUEEN (Respondent) v. CLAYTON CHADWICK GORDON (Appellant)

BEFORE: DOHERTY, ROSENBERG and ARMSTRONG JJ.A.

COUNSEL: Michael Engel, for the appellant Rick Visca, for the respondent

HEARD: May 27, 2003

ORALLY

RELEASED: May 27, 2003

On appeal from the conviction entered by Judge B.M. Kelly on August 13, 2001 and the sentence imposed on September 25, 2001.

ENDORSEMENT

[1] Since the appellant chose to represent himself at trial, there is no merit to the argument that he was deprived of the effective assistance of counsel. Nor, in our view, is an accused who chooses to represent himself expected to perform at the level of competent counsel. The ineffective assistance cases have no application to a situation where an accused chooses to represent himself.

[2] We are satisfied that the appellant received a fair trial. This was a simple, straightforward case. The appellant’s defence was that he had not been properly identified as the seller of the cocaine. While the appellant was not familiar with criminal procedure, he was clearly an intelligent person who appreciated his defence and advanced that defence through the witnesses tendered by the Crown. He made the points he had to make in support of his position that the Crown had not proved that he was the seller of the drugs. Unfortunately for him, his arguments were not persuasive.

[3] There is no error in the trial judge’s reasons which warrants reversal of the convictions.

[4] The sentence imposed was not unfit and we defer to the trial judge’s determination of the appropriate sentence.

[5] The appeals are dismissed.

"Doherty J.A."

"M. Rosenberg J.A."

"Armstrong J.A."