CITATION: R. v. Guillemette, 2010 ONCA 816

DATE: 20101202

DOCKET: C50784

COURT OF APPEAL FOR ONTARIO

Doherty, Feldman and Juriansz JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Marc Guillemette

Appellant

William Thompson, for the appellant

Randy Schwartz, for the respondent

Heard: December 1, 2010

On appeal from the conviction entered by Justice Gordon of the Superior Court of Justice, dated May 12, 2009 and the sentence imposed on May 13, 2009.

APPEAL BOOK ENDORSEMENT

[1] Aspects of the Crown’s cross-examination were improper and created a real risk of a miscarriage of justice. Having regard to the totality of the circumstances, we are satisfied that the cross-examination did not have that effect in this case.

[2] The “Vetrovec” warning was adequate. While the points made on appeal could have been included in the instruction and probably would have been had they been requested, they were not essential to a proper “Vetrovec” charge in this case.

[3] The appeal is dismissed.