DATE: 20030704 DOCKET: C38473

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. CHRISTOPHER PIETTE (Appellant)

BEFORE:

O'CONNOR A.C.J.O., WEILER and ABELLA JJ.A.

COUNSEL:

Melvyn Green for the appellant

Thomas Galligan for the respondent

HEARD & ENDORSED:

July 3, 2003

On appeal from the judgment of Justice J.D. Keast dated June 14, 2002.

APPEAL BOOK ENDORSEMENT

[1] In refusing the application to transfer the charge of first degree murder to the Youth Court, the transfer judge gave very careful and thorough reasons. In our view, there was ample evidence to support the important findings of fact made by the transfer judge. We are not persuaded that he misapprehended or ignored any of the material evidence.

[2] Accepting those findings of fact, as we must, we agree with the transfer judge's conclusion that the appellant has not discharged the onus of showing that the public can be adequately protected through the disposition scheme established under the Young Offenders Act. The appeal is, therefore, dismissed.