DATE: 20040115

DOCKET: C37928

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. E.R. (Appellant)

BEFORE:

McMURTRY C.J.O., ABELLA AND BLAIR JJ.A.

COUNSEL:

Christopher Hicks

for the appellant

Karey Katzch

for the respondent

HEARD & ENDORSED:

January 15, 2004

On appeal from the conviction dated January 23, 2002 and the sentence dated February 18, 2002 imposed by Justice Lack.

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

[1] In our view, the thorough reasons of the trial judge revealed no misapprehension of the relevant evidence and we do not find any reason to interfere with her conclusions.

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

[3] With respect to sentence, we find no error of principle in relation to the sentence imposed.

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