DATE: 20040219

DOCKET: C39604

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. ROBERT COURSOL (Appellant)

BEFORE:

DOHERTY, GOUDGE JJ.A. and CAVARZAN J. (ad hoc)

COUNSEL:

Gregory Lafontaine

for the appellant

John McInnes

for the respondent

HEARD & ENDORSED:

February 19, 2004

On appeal from the convictions entered by Justice Hennessy, of the Superior Court of Justice, dated November 15, 2002.

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

[1] There are three grounds of appeal:

(1) The trial judge was required to determine whether the alleged prior inconsistent statement was made by the complainant. The factors she considered were relevant to that determination and appropriately considered by her. We cannot interfere with her conclusion on this issue.

(2) When the reasons are read in their entirety, they satisfy us that the trial judge properly applied the burden of proof as articulated in R. v. W.(D.).

(3) The trial judge’s reasons satisfy us that she did consider and reject the appellant’s evidence because it was entirely inconsistent on the central issue with the evidence she found credible and worthy of belief beyond a reasonable doubt.

[2] The appeal is dismissed.