DATE: 20050302

DOCKET: C38446

COURT OF APPEAL FOR ONTARIO

RE:

ROMEO CARINGI (Appellant) – and – HER MAJESTY THE QUEEN (Respondent)

BEFORE:

ROSENBERG, GOUDGE and MacFARLAND JJ.A.

COUNSEL:

Joseph W. Irving and Lou Ciotoli

for the appellant

Christine Bartlett-Hughes

for the respondent

HEARD & ENDORSED:

March 1, 2005

On appeal from conviction by Justice B.J. Young of the Ontario Court of Justice dated May 17, 2002.

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

[1] The activity in this case more closely resembles what occurred in R. v. Mara and East than in R. v. Blais-Pelletier. On that basis, it was open to the trial judge to find that the activity exceeded the community standard of tolerance.

[2] On the facts found by the trial judge, the appellant was actively involved in the day-to-day management of the business including the VIP room. The trial judge accepted that the illicit activity was taking place in an open fashion. Implicitly he must have found that the evidence of Mr. Johnson was not helpful on that issue. His failure to expressly reply to that evidence was therefore not an error in the circumstances.

[3] The conviction is supported by the evidence. Accordingly, the appeal is dismissed.