DATE: 20060320

DOCKET: C44098

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) v. ADAM KENNETH LOCK (Appellant)

BEFORE: DOHERTY, MOLDAVER and LAFORME JJ.A.

COUNSEL: Daniel Stein for the appellant Deborah Krick for the respondent

HEARD & ENDORSED: March 17, 2006

On appeal from the conviction entered by Justice L.E. Chester of the Ontario Court of Justice dated March 29, 2005.

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

[1] It is conceded that the court had no jurisdiction to proceed on the counselling charge without a proper election. That conviction is a nullity and must be quashed. It will be for the Crown to decide whether to proceed on the charge de novo.

[2] There is no merit to the arguments directed at the validity of the appellant’s conviction on the mischief charge. That appeal is dismissed.