Court File and Parties

CITATION: R. v. Harrison, 2007 ONCA 644

DATE: 20070920

DOCKET: C45366

COURT OF APPEAL FOR ONTARIO

ROSENBERG, GILLESE and MacFARLAND JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN Respondent

and

KAREN HARRISON Applicant

Counsel: Brian Snell for the appellant Susan Ficek for the respondent

Heard and endorsed: September 17, 2007

On appeal from conviction by Justice Peter Harris of the Ontario Court of Justice dated November 30, 2005 and sentence imposed January 17, 2006.

APPEAL BOOK ENDORSEMENT

[1] The appellant applied for an adjournment because she wished to obtain transcripts and adduce fresh evidence. This matter was before Simmons J.A. in August. She ordered that the matter proceed today unless the appellant took steps to deal with the transcripts and the proposed fresh evidence. She has not taken any steps to obtain the transcripts. When questioned about the proposed fresh evidence, it became apparent that this evidence would not have been relevant to any issue on the appeal. Accordingly, we dismissed the application for an adjournment. The appellant than stated she would not take part in the appeal. We have reviewed the materials and can see no basis for interfering with the convictions or the sentence. Any concerns the appellant may have with the terms of probation can be raised with the trial court on an application to vary.

[2] Accordingly, the appeal is dismissed.