DATE: 20040116

DOCKET: C39332

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. BRIAN BARTLETT (Appellant)

BEFORE:

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

COUNSEL:

Joseph R. Jakabfy

for the appellant

Riun Shandler

for the respondent

HEARD & ENDORSED:

January 16, 2004

On appeal from the conviction dated May 9, 2002 and the sentence imposed dated June 3, 2002 by Justice George Valin.

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

[1] The Crown concedes that the evidence that the appellant was to commence a jail term the day after the sexual assault should not have been admitted. In our view, the admission of this evidence did not cause any substantial wrong or miscarriage of justice.

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

[3] We find no error in principle in relation to the sentence imposed on the appellant. Leave to appeal sentence is granted but the appeal is dismissed.