DATE: 20030501

DOCKET: C33586

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) –and–

JOAN SIDDON WILLIS (Appellant)

BEFORE:

CHARRON, MOLDAVER and FELDMAN JJ.A.

COUNSEL:

Gregory Lafontaine

for the appellant

D.D. Graham Reynolds, Q.C.

for the respondent

HEARD:

May 1, 2003

On appeal from the conviction imposed by Justice Moira L. Caswell of the Superior Court of Justice dated April 28, 1999 and from the sentence imposed by Justice Caswell dated May 4, 1999.

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

[1] Crown counsel has fairly conceded that the cross-examination of the appellant at trial was improper in several respects and, in the result, impaired the appellant’s right to a fair trial. In view of this concession, counsel for the appellant is not pursuing the additional grounds of appeal. We therefore make no comments in respect of those grounds.

[2] We are of the view, however, that the Crown’s concession is justified on the record and that there must be a new trial. The appeal is allowed in respect of the conviction for unlawfully importing a controlled substance and a new trial is ordered. The convictions on the other charges to which the appellant pled guilty stand. The appellant abandons her appeal against conviction and sentence in respect of those offences.