DATE: 20040405

DOCKET: C38202 M28657 M29500

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – CHAD LAKE (Appellant)

BEFORE:

GOUDGE, MacPHERSON AND CRONK JJ.A.

COUNSEL:

Howard J. Borenstein

for the appellant

Andrew Sabbadini

for the Crown, respondent

HEARD & ENDORSED:

April 1, 2004

On appeal from the conviction by Justice Thomas Dunn of the Superior Court of Justice dated February 8, 2004 and from the sentence imposed by Justice Thomas Dunn dated April 15, 2002.

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

[1] In our view it was entirely open to the trial judge to view the evidence as he did. We certainly cannot say that no reasonable trier of fact could have reached this conclusion. The convictions appeal is dismissed.

[2] The sentence imposed reflects no error in principle nor is it outside the range. Leave to appeal sentence is granted but the appeal is dismissed.