DATE: 20050826

DOCKET: C42183

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – ANTE MIHALJEVICH (Appellant)

BEFORE:

MCMURTRY C.J.O., BLAIR J.A. and KOZAK J. (ad hoc)

COUNSEL:

Ante Mihaljevich, in person

for the appellant

Michael Davies, Amicus Curiae

Christine Bartlett-Hughes

for the respondent

HEARD & ENDORSED:

August 26, 2005

On appeal from the finding of not criminally responsible entered by Madam Justice K.L. McLeod of the Superior Court of Justice dated May 9, 2003.

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

[1] On reviewing the record as a whole, we are of the view that it was abundantly clear to the appellant and his counsel that the trial judge was conducting a N.C.R. hearing, which could result in the appellant “being confined to a hospital”. No request was made by the appellant or his counsel for an adjournment to retain a defence psychiatrist. On the merits we are not satisfied that there is any basis for interfering with the disposition of the Trial Judge. The appeal is therefore dismissed.