DATE: 20041102

DOCKET: C42178

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – MAJID FATEMI (Appellant)

BEFORE:

WEILER, SHARPE and BLAIR JJ.A.

COUNSEL:

Majid Fatemi

the appellant in person

Shawn Porter

for the respondent

HEARD & ENDORSED:

October 26, 2004

On appeal from the order of Justice Bruno Cavion of the Ontario Court of Justice dated May 27, 2004 dismissing an appeal from the conviction entered by Justice of the Peace G. Lau dated September 5, 2003.

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 trial judge erred in law and that error necessitates a new trial. Given the nature of the charge and the evidence, we would hope that the Crown would not proceed with a new trial.