Court File and Parties

CITATION: R. v. Norman, 2007 ONCA 276

DATE: 20070416

DOCKET: C44437

COURT OF APPEAL FOR ONTARIO

DOHERTY, BORINS and FELDMAN JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

And

FRANCIS NORMAN

Applicant/Appellant

Counsel: Brian McAllister for the appellant John Pearson for the respondent

Heard: April 10, 2007

On appeal from the conviction entered by Justice Joseph A. De Filippis of the Ontario Court of Justice on July 7, 2005 and the sentence imposed on August 25, 2005.

APPEAL BOOK ENDORSEMENT

[1] We have considered the submissions as to the alleged inadequacies in the reasons. We see no material misapprehension of the evidence. The trial judge properly understood the position of the defence. His reasons for accepting the evidence of the complainant are supported in the record. The reasons reveal no basis for reversal.

[2] Assuming the “Bero” analysis was applicable to the failure to obtain the vaginal sample from the complainant, the trial judge found that the failure to collect the sample did not constitute “unacceptable negligence”. We are not satisfied that there is any reason to interfere with this finding of fact.

[3] The appeal is dismissed. The sentence appeal is dismissed.