DATE: 20040209

DOCKET: C33605

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – DWIGHT FALCONER (Appellant)

BEFORE:

WEILER, LASKIN and FELDMAN JJ.A.

COUNSEL:

Andrew M. Czernik

for the appellant

Melissa Ragsdale

for the respondent

HEARD & ENDORSED:

February 6, 2004

On appeal from the conviction entered by Justice Hugh R. Locke of the Superior Court of Justice dated March 17, 1999.

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

[1] The appellant concedes that confirmatory evidence does not have to implicate the accused in the criminal aspect of the offences charged. He submits, however, that given the manner in which the trial judge dealt with the complainant’s credibility on the other charges of which he acquitted the appellant, it was necessary for the confirmatory evidence to implicate the appellant in the crime alleged in this case.

[2] We disagree. The trial judge committed no error of law. The appeal is therefore dismissed.