DATE: 20050125

DOCKET: C41316

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – (ITALO LUCIANO SABATO (Appellant)

BEFORE:

MACPHERSON, SHARPE & CRONK JJ.A.

COUNSEL:

Vicenzo Rondinelli

for the appellant

Laura Hodgson

for the respondent

HEARD & ENDORSED:

January 25, 2005

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

[1] If anything, the preliminary inquiry judge and the reviewing judge may have applied a higher standard than was required. In our view, this cannot assist the appellant as it is apparent that the minimal evidentiary threshold for committal was satisfied in this case. The Crown led evidence of the actions of the appellant in relation to the bank account into which a fraudulent cheque had been deposited from which a properly instructed jury could infer guilt. Accordingly, the appeal is dismissed.

“Robert J. Sharpe J.A.”