DATE: 20040405

DOCKET: C32774

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – ROBERT CICCHINI (Appellant)

BEFORE:

GOUDGE, MacPHERSON AND CRONK JJ.A.

COUNSEL:

Donald J.C. Elliott, Q.C.

for the appellant

Ian D. Scott

for the Crown, respondent

HEARD & ENDORSED:

April 2, 2004

On appeal from the conviction by Justice D. Austin of the Ontario Court of Justice dated August 10, 1999.

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

[1] The trial judge rejected the appellant’s explanation finding that it could not reasonably be true. On the record before her there was an ample basis for reaching this conclusion and we cannot find it to be unreasonable. Nor is our view altered by the fresh evidence. The appeal must be dismissed.