COURT OF APPEAL FOR ONTARIO

DATE: 20040913

DOCKET: C39984

RE:

HER MAJESTY THE QUEEN (Respondent) v. SHAWN PATRICK LAVERTY (Appellant)

BEFORE:

McMURTRY C.J.O., DOHERTY AND LANG JJ.A.

COUNSEL:

Tanya Kranjc

for the appellant

Roger Shallow

for the respondent

HEARD & ENDORSED:

September 13, 2004

On appeal from the conviction by Justice Karam dated December 20, 2002 and the sentence imposed dated February 18, 2003.

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

[1] It was open to the trial judge to conclude that the appellant’s statement constituted an admission of guilt. The trial judge was also alive to the inconsistencies of the complainant but was entitled to accept her evidence on the sole issue of lack of consent.

[2] The appeal as against conviction is therefore dismissed.

[3] We find no error in principle in the sentence imposed. Leave to appeal sentence is allowed but the appeal as against sentence is dismissed.