DATE: 20040916

DOCKET: C40088

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. PETER CHATT (Appellant)

BEFORE:

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

COUNSEL:

Jame Carlisle

for the appellant

Shelley Hallett

for the respondent

HEARD & ENDORSED:

September 16, 2004

On appeal from the conviction by Justice C. Purvis dated July 23, 2002 and the sentence imposed dated May 26, 2003.

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

[1] The trial judge properly instructed himself as to the “colour of right defence” and found that the Crown had proved beyond a reasonable doubt that there was no colour of right with respect to the conversion of the monies.

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

[3] With respect to the sentence appeal, the evidence established that that was a significant commercial fraud which required an expression of denunciation particularly as there has been no restitution.

[4] Leave to appeal sentence is granted but the appeal as against sentence is dismissed.