DATE: 20030718

DOCKET: C38590

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – MICHAEL TARANCO (Appellant)

BEFORE:

LASKIN, MOLDAVER and CRONK JJ.A.

COUNSEL:

Peter J. Connelly

for the appellant

Kelly Slate

for the respondent

HEARD & ENDORSED:

July 18, 2003

On appeal from conviction by Justice W. Ross of the Ontario Court of Justice on June 25, 2002.

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

[1] On the basis of the trial judge’s reasons, we cannot be certain that he properly addressed the defences of reflex response or self-defence upon which the appellant was entitled to rely based on his evidence. Accordingly, the appeal is allowed, the conviction is quashed and a new trial is ordered.