DATE: 20061213

DOCKET: C39520

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – JEAN GERALD DIONNE (Appellant)

BEFORE:

LABROSSE. WEILER and SHARPE JJ.A.

COUNSEL:

Sam Scratch

for the appellant

Joseph Perfetto

for the respondent

HEARD & ENDORSED:

December 12, 2006

On appeal from the sentence imposed by Justice W. Dan Chilott of the Superior Court of Justice, sitting with a jury, on December 7, 2001.

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

[1] The appellant raises one issue on this appeal, namely, that the trial judge reversed the burden of proof. Wherever the burden lies (an issue we need not decide) this case did not turn on the burden of proof.

[2] The trial judge carefully weighted all the evidence and concluded in the words of s. 753.1(1)(c) that he was not satisfied that there was a reasonable possibility of eventual control of the risk in the community.

[3] The appeal is dismissed.