DATE: 20040316

DOCKET: C38139

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) – and – KENNETH SKIDMORE (Applicant (Appellant))

BEFORE: LASKIN, ROSENBERG JJ. A. and AITKEN J. (ad hoc)

COUNSEL:

Nicholas A. Xynnis for the appellant

Gregory J. Tweney for the respondent

HEARD & ENDORSED: March 15, 2004

On appeal from conviction by Justice Paul A. Dilks of the Superior Court of Justice on March 27, 2002.

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

[1] We have not been persuaded that the verdict is unreasonable. The victim described his assailant as having a husky build, short hair, plaid shirt, twenty-five and intoxicated. The appellant was found in the area twenty minutes after the attack. He matched the description given by the victim in all particulars, except that he was described as having alcohol on his breath rather than being intoxicated. Moreover, he had scratches on his chest and told police he had been in a fight. The victim immediately recognized the appellant as his assailant when he saw him with the police. The trial judge properly dealt with the minor inconsistencies in his reasons.

[2] Accordingly, the appeal is dismissed.

Signed: “M. Rosenberg J.A.”