DATE: 20040609

DOCKET: C41277

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – MARIO CLOUTIER (Appellant)

BEFORE:

ABELLA, MOLDAVER and BORINS JJ.A.

COUNSEL:

Paul Stern

for the appellant

Christine Bartlett-Hughes

for the respondent

HEARD & ENDORSED:

June 8, 2004

On appeal from conviction by Justice Cohen dated October 27, 2003 and sentence imposed by Justice Cohen on October 31, 2003.

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

[1] It is apparent from the trial judge’s reasons that he was satisfied beyond a reasonable doubt that the appellant used excessive force in restraining the complainant. Accordingly, the appeal from conviction on the charge of assault causing bodily harm is dismissed.

[2] As for the threatening charge, the elements were made out on the evidence of Theresa Grossinger. The count in the information is amended accordingly, given that the appellant suffered no prejudice. The appeal from conviction is dismissed.

[3] With respect to sentence, the appeal is utterly without merit, so much so that we would deny leave to appeal.