CITATION: R. v. Whitney, 2009 ONCA 780

DATE: 20091105

DOCKET: C48039

COURT OF APPEAL FOR ONTARIO

Doherty, Simmons and Lang JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

and

Lawrence Whitney

Appellant

Candice Suter, for the appellant

Erin Dann, for the respondent

Heard: November 5, 2009

On appeal from the judgment of Justice Robert Del Frate of the Superior Court of Justice dated November 2, 2007.

APPEAL BOOK ENDORSEMENT

[1] We are satisfied that this is not a case for leave to appeal. It is conceded that the question of law has no significance beyond this case. The question of law, that is the reasonableness of the conviction, while perhaps arguable, is not strong. The sentence imposed (12 months probation three years ago) does not engage significant liberty interests. Leave to appeal refused.