Court File and Parties

CITATION: R. v. LACASSE, 2007 ONCA 363

DATE: 20070514

DOCKET: C44765

COURT OF APPEAL FOR ONTARIO

ROSENBERG, SIMMONS and ARMSTRONG JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN Respondent

And

DENNIS LACASSE Appellant

Counsel: Joseph Wilkinson for the appellant Alex Alvaro for the respondent

Heard and endorsed: May 10, 2007

On appeal from conviction by Justice Gladys Pardu of the Superior Court of Justice dated November 17, 2005 and sentence imposed January 17, 2006.

APPEAL BOOK ENDORSEMENT

[1] As to conviction, in our view, the trial judge did not err in her appreciation of, or approach, to the evidence. The trial judge was entitled to focus on the three specific incidents. She reviewed that evidence and was satisfied that the Crown’s version was correct and the defence version was incredible. We see no error in her understanding of that evidence nor did she reverse the burden of proof.

[2] As to sentence, the trial judge gave full and complete reasons for not imposing a conditional sentence. We agree entirely with those reasons.

[3] Accordingly, appeal from conviction is dismissed. Leave to appeal from sentence is granted, but the appeal is dismissed.