CITATION: R. v. Scibetta, 2007 ONCA 130

DATE: 20070223

DOCKET: C44743

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Applicant/Appellant) – and – ALBERT SCIBETTA (Respondent)

BEFORE:

LASKIN, MacPHERSON and CRONK JJ.A.

COUNSEL:

Philip Perlutter

for the appellant

Brian Simpson

for the respondent

HEARD & ENDORSED:

February 22, 2007

On appeal from the decision of the summary conviction appeal court dated December 19, 2005 by Justice G. William Dandie of the Superior Court of Justice, allowing the appeal from the conviction entered on June 1, 2004 by Justice Donald J. Wallace of the Ontario Court of Justice.

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

[1] The summary conviction appeal court judge erred in law in failing to apply this court’s judgment in R. v. George (recently affirmed in R. v. Torsney) and the Supreme Court of Canada’s judgment in R. v. Woods.

[2] Had he applied these judgments, he would have been obliged to uphold the conviction.

[3] Accordingly, leave to appeal is granted, the appeal is allowed and the conviction is restored.