DATE: 20040113

DOCKET: C35353

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. ERIC VONGVISET (Appellant)

BEFORE:

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

COUNSEL:

Jeffrey Langevin

for the appellant

Christine Bartlett-Hughes

for the respondent

HEARD & ENDORSED:

January 12, 2004

On appeal from the conviction dated June 16, 200 and sentence dated November 6, 2000 of Justice H. Soubliere.

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 only issue raised by the appellant which had any possible merit was whether or not the trial judge erred in finding that there was a sufficient indicia of reliability to admit the original statement of Sakda as to the truth of its contents.

[2] In our view, the evidence demonstrated the appropriate level of reliability and the trial judge did not err in admitting it as to the truth of its contents.

[3] The appeal must therefore be dismissed.