Court File and Parties

CITATION: R. v. Harris, 2009 ONCA 211

DATE: 20090306

DOCKET: C47809

COURT OF APPEAL FOR ONTARIO

Laskin, Blair and Watt JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Mark Harris

Appellant

Counsel:

Christopher D. Hicks, for the appellant

Karen Papadopoulos, for the respondent

Heard: March 5, 2009

On appeal from the conviction entered on June 21, 2007 and the sentence imposed on September 11, 2007 by Justice Frank N. Marrocco of the Superior Court of Justice, sitting without a jury.

APPEAL BOOK ENDORSEMENT

[1] On his conviction appeal, the appellant advances several grounds of appeal, which centred on his submissions that the trial judge shifted the burden of proof and misapprehended important evidence. We do not accept these submissions. In our view, the trial judge properly applied the burden of proof and made findings of fact and credibility that were grounded in the evidence.

[2] Accordingly, the conviction appeal is dismissed.

[3] On sentence, the appellant seeks a conditional discharge. The trial judge rejected a discharge and instead imposed a fine and probation. We cannot see that he erred in principle in doing so.

[4] Accordingly, although leave to appeal sentence is granted, the sentence appeal is dismissed.