DATE: 20050929

DOCKET: C43218

COURT OF APPEAL FOR ONTARIO

RE:

CHUANG MA (Appellant) – and – HER MAJESTY THE QUEEN (Respondent)

BEFORE:

ROSENBERG, FELDMAN, JURIANSZ JJ.A.

COUNSEL:

Chang Ma

In Person

Mr. Brian Snell

Duty Counsel

Susan Chapman

For the respondent

HEARD & ENDORSED

September 29, 2005

On appeal from conviction and sentence by Justice G. Sparrow of the Ontario Court of Justice dated May 29, 2003 and from the decision of Justice Dyson of the Superior Court of Justice, sitting as a summary conviction appeal judge, dismissing the appeal from conviction and sentence dated March 3, 2005.

E N D O R S E M E N T

[1] In our view the findings of credibility are not inconsistent. While the trial judge gave the appellant the benefit of the doubt with some findings, this did not undermine her principal findings as to what occurred. In any event, leaving aside the severity of the bruises, dangling the child’s legs out of a 9th floor window is so clearly unreasonable that it cannot amount to a defence under s. 43 of the Criminal Code. There is nothing to show that the transcript is inaccurate or has been tampered with to receive the so-called admission by the Crown.

[2] The appellant has not shown any error of law. Leave to appeal is refused.