COURT OF APPEAL FOR ONTARIO

DATE: 20041215

DOCKET: C42655

RE: HER MAJESTY THE QUEEN (Respondent) – and – ROBERT KEVIN SHERWOOD (Appellant)

BEFORE: ROSENBERG, MOLDAVER and MacPHERSON JJ.A.

COUNSEL:

Vincenzo Rondinelli for the appellant

Robert Gattrell for the respondent

HEARD & ENDORSED: December 15, 2004

On appeal from conviction for uttering threat to cause serious bodily harm by Justice M. O’Dea of the Ontario Court of Justice dated July 7, 2004.

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

[1] Having regard to all of the facts and circumstances and bearing in mind the trial judge’s rejection of the appellant’s evidence, we think it is implicit in the trial judge’s reasons that he was satisfied that the appellant had the requisite intent required to commit the offence of threatening to cause serious bodily harm. Accordingly, we would dismiss the appeal.