DATE: 20060315

DOCKET: C42742

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. BLAINE ROBERT SMITH (Appellant)

BEFORE:

DOHERTY, MOLDAVER and LAFORME JJ.A.

COUNSEL:

Leslie Maunder

for the appellant

Jeanette Gevikoglu

for the respondent

HEARD & ENDORSED:

March 14, 2006

On appeal from the conviction entered by Justice J.D. Evans of the Ontario Court of Justice dated October 1, 2004 and the sentence imposed on November 25, 2004.

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

[1] The appellant argues that the trial judge failed to consider the inconsistencies between the evidence of the complainant’s former friends and the complainant relating to statements allegedly made by the complainant to her friends. These statements related to the complainant’s sexual activity with people “out west” and with the appellant. The complainant said she made up the stories about the events “out west” and denied saying that she said she had sexual intercourse with the appellant.

[2] The trial judge referred to “inconsistencies” in the complainant’s evidence, but found that she was nonetheless credible. We take that reference to include the inconsistencies relied on by the appellant and to indicate that the trial judge accepted the complainant’s evidence explaining some of the inconsistencies and denying the reference to having had sex with the appellant. We are not satisfied that the trial judge failed to address the evidence as submitted by the appellant.

[3] The conviction appeal is dismissed.

[4] The sentence was appropriate. Leave to appeal sentence is granted. The appeal is dismissed.