DATE: 20050628

DOCKET: C42153

COURT OF APPEAL FOR ONTARIO

RE:

IN THE MATTER OF TERRY GHETTI (Accused)

BEFORE:

McMURTRY C.J.O., CATZMAN AND SIMMONS JJ.A.

COUNSEL:

Suzan E. Fraser

for the appellant

Christine Bartlett-Hughes and M. Michele Smith

for the respondent, Attorney General for Ontario

HEARD & ENDORSED:

JUNE 28, 2005

On appeal from the disposition of the Ontario Review Board dated June 1, 2004.

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

[1] On the record before us, the appellant’s position that the DNA testing that he is requesting would affect his risk assessment or any dispositions that the Board might make is not only speculative but highly unlikely. Accordingly, in our view, this is not an appropriate case in which to determine whether the Board has jurisdiction to make the requested order.

[2] The appeal is therefore dismissed.