CITATION: R. v. Laing, 2009 ONCA 426

DATE: 20090522

DOCKET: C48410

COURT OF APPEAL FOR ONTARIO

Laskin, Feldman and LaForme JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Robert Laing

Appellant

Candice Suter, for the appellant

Andreea Baiasu, for the respondent

Heard: May 20, 2009

On appeal from the conviction entered on April 18, 2007 and the sentence imposed on June 19, 2007, by Justice Peter A. Grossi of the Superior Court of Justice, sitting with a jury.

APPEAL BOOK ENDORSEMENT

[1] On his conviction appeal, the appellant makes two submissions. First, he submits that the trial judge did not put the position of the defence fairly to the jury. We disagree. By his charge and his recharge in response to defence objections, the trial judge fairly outlined the defence theory.

[2] Second, the appellant submits that the trial judge erred by instructing the jury that the complainant’s criminal lifestyle was in the past, not the present. Again, we disagree. Any concerns about this issue were addressed by the trial judge in his recharge.

[3] This was an overwhelming Crown case and there is no basis whatsoever to interfere with the jury’s verdict.

[4] The conviction appeal is dismissed.

[5] On the sentence appeal, we are satisfied that the sentence is fit for the reasons set out in the Crown’s factum.

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