Court of Appeal for Ontario

Date: 2004-01-15

Docket: C36507

Re: Her Majesty the Queen (Respondent) v. Otto Roosen (Appellant)

Before: McMurtry C.J.O., Abella and Blair JJ.A.

Counsel: Ilan Neuman, for the appellant G. Choi, for the respondent

Heard & Endorsed: January 15, 2004

On appeal from the conviction dated March 9, 2001 and the sentence imposed dated June 15, 2001 by Justice J. Evans.

Appeal Book Endorsement

[1] In our view, the trial judge was very much alive to the inconsistencies in the evidence of the complainant. In our opinion, the trial judge carefully considered those inconsistencies in relation to her credibility.

[2] We have considered the fresh evidence while not deciding its admissibility. In our view, the fresh evidence does not assist the appellant in any significant manner because the fresh evidence consists of simply one more witness giving evidence that was either identical or of the same type of evidence already heard by the trial judge.

[3] The appeal as against conviction is therefore dismissed. Leave to appeal sentence is granted but that appeal as against sentence is dismissed.