COURT OF APPEAL FOR ONTARIO

DATE: 2003-12-01

DOCKET: C37053

RE: HER MAJESTY THE QUEEN (Respondent) –and– PETER SYLVAIN INGSTER (Applicant/Appellant)

BEFORE: O’CONNOR A.C.J.O., FELDMAN and GILLESE JJ.A.

COUNSEL: Alan D. Gold for the appellant Beverly J. Wilton for the respondent

HEARD AND ENDORSED: December 1, 2003

On appeal from the conviction entered by Justice Wailan Low of the Superior Court of Justice, sitting with a jury, on June 21, 2001 and from the sentence imposed by Justice Low on November 7, 2001.

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

[1] We are not persuaded that the trial judge misapprehended the evidence. There was strong circumstantial evidence pointing to guilt. It was open to the trial judge to reject the evidence of the defence. We see no basis to interfere. The appeal against conviction is dismissed.

[2] The sentence is within the appropriate range. The appellant’s good behaviour on bail, while commendable, is not such that warrants interference. The appeal against sentence is dismissed.