DATE: 20050921

DOCKET: C43554

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. DAVID W. BARNETT (Appellant)

BEFORE:

DOHERTY, MOLDAVER and ARMSTRONG JJ.A.

COUNSEL:

Karen Unger

appearing as amicus curiae

David W. Barnett appearing in person

Leslie Paine

for the respondent

Janice Blackburn

for St. Joseph’s

HEARD & ENDORSED:

September 19, 2005

On appeal from the disposition of the Ontario Review Board (the Hon. H.R. Locke) dated January 7, 2005.

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

[1] We cannot interfere with the Board’s disposition. The disposition is consistent with the expert medical opinion and that opinion finds support in the evidence. The Board’s decision is not unreasonable.

[2] The appellant directed arguments to the adequacy of disclosure before the Board and the consistency of allegations relating to the index offences. Neither submission permits interference with the Board’s decision.

[3] The appeal is dismissed.