DATE: 20060120

DOCKET: C43750

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) –and- JEMALL MICHAEL BOUCHER (Appellant)

BEFORE:

LABROSSE, MOLDAVER AND MACFARLAND JJ.A.

COUNSEL:

James Clark

for the appellant

Ian Scott

for the respondent

HEARD & ENDORSED:

January 19, 2006

On appeal from the judgment of Halikowski J. of the Superior Court of Justice dated May 14, 2004 made at Oshawa, Ontario.

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

[1] This case was tried, and extensive reasons were given. An appeal was heard and dismissed again with extensive reasons. We see no error in these decisions.

[2] For our purpose, the evidence supports the lawful investigative detention of Mr. Boucher. Thereafter, there can be no lawful basis for interference, particularly in light of the findings of the trial judge rejecting the defence evidence. The appeal against sentence was not pursued.

[3] Accordingly, the appeal against conviction and against sentence are both dismissed.