COURT OF APPEAL FOR ONTARIO

DATE: 20060421

DOCKET: C44349

RE: HER MAJESTY THE QUEEN (Respondent) – and – STEPHEN SZABO (Appellant)

BEFORE: MCMURTRY C.J.O., DOHERTY and CRONK JJ.A.

COUNSEL: Michael Peterson for the appellant M. Ragsdale for the respondent

HEARD & ENDORSED: April 21, 2006

On appeal from the order of Madam Justice C.A. Tucker of the Ontario Court of Justice dated September 30, 2005.

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

[1] We see no error of law in the Summary Conviction Appeal Court Judge’s conclusion that the reasons of the Trial Judge met the requirement of the “functional test for adequacy of reasons” set out in Sheppard or in her conclusion that the trial judge did not err in his application of the principles in W.D. to the facts of this case.

[2] Leave to appeal is granted but the appeal is dismissed.