DATE: 20050606

DOCKET: C40646

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – KURT GEORGE CAMPBELL (Applicant/Appellant)

BEFORE:

MACPHERSON, ARMSTRONG and LANG JJ.A.

COUNSEL:

John Norris

for the appellant

Roger Shallow

for the respondent

HEARD & ENDORSED:

May 31, 2005

On appeal from the conviction entered by Justice L. A. Beaulieu of the Superior Court of Justice dated June 27, 2003.

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

[1] In our view, there is no rational basis upon which to differentiate between the evidence led in respect of the alleged sexual assaults on September 1 and September 8, 2001. In view of the acquittals in respect of the alleged sexual assaults on September 1, 2001, we conclude that the verdicts of guilty in respect of the alleged sexual assaults on September 8, 2001, are unreasonable.

[2] We would therefore allow the appeal, set aside the guilty verdicts and direct that acquittals be entered.

[3] In view of this disposition, it is unnecessary to deal with the other grounds of appeal raised.