COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – JUSTIN PARKER (Appellant)

BEFORE:

ROSENBERG, MOLDAVER and SIMMONS JJ.A.

COUNSEL:

David A. Stein

for the appellant

Croft Michaelson

for the respondent

HEARD & ENDORSED:

February 13, 2004

On appeal from conviction by Justice W.F. Fitzgerald of the Ontario Court of Justice dated May 9, 2003.

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

[1] The Crown concedes that the appeal must be allowed.

[2] The appeal is allowed, the conviction set aside and an acquittal entered.

Signed: “Rosenberg J.A.”

[3]