COURT OF APPEAL FOR ONTARIO

DATE: 20031124

DOCKET: C38964

RE: HER MAJESTY THE QUEEN (Respondent) – and – TODD MARION (Appellant)

BEFORE: WEILER, ABELLA AND SIMMONS JJ.A.

COUNSEL: Philip B. Cornish for the appellant Leslie Paine for the respondent

HEARD & ENDORSED: November 21, 2003

On appeal from the order of Justice J. Donnelly of the Superior Court of Justice dated May 10, 2002 affirming the conviction imposed by Justice R.G.E. Hunter of the Ontario Court of Justice dated October 22, 2001.

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

[1] We agree with the Summary Conviction Appeal judge that the trial judge made no error in applying the reasonable doubt standard. The Summary Conviction Appeal Judge held that the trial judge was “simply instructing himself to decide the credibility issue in light of the entire evidence”. Moreover, the Summary Conviction Appeal Judge did not misconstrue the trial evidence in any significant way. Leave to appeal granted, but the appeal is dismissed.