Court File and Parties

CITATION: R. v. Rossi, 2011 ONCA 380

DATE: 20110516

DOCKET: C52396

COURT OF APPEAL FOR ONTARIO

Weiler, Gillese and LaForme JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Francesco Rossi

Applicant/Appellant

Counsel:

Christi Hunter, for the appellant

Gregory J. Tweney, for the respondent

Heard and released orally: May 11, 2011

On appeal from the decision of the summary conviction appeal court dated June 18, 2010 by Justice R. Lococo of the Superior Court of Justice, dismissing the appeal from the conviction entered on May 15, 2090 by Justice D.T. Vyse of the Ontario Court of Justice.

ENDORSEMENT

[1] The appellant appeals from the decision dismissing the summary conviction appeal for mischief under $5,000 contrary to s. 430(4) of the Criminal Code.

[2] We would not grant leave to appeal. The appellant does not submit that the legal issues have greater significance to the general administration of justice. Rather, the submission is that the proposed grounds of appeal are strong. We disagree.

[3] To the extent that any merit can be ascribed to the grounds of appeal, which are at best very weak, they arise in the circumstances involving a minor criminal charge and an appellant facing no deprivation of liberty. The terms of the appellant’s probation have long since expired and he now stands discharged from the finding of guilt. Accordingly, this case does not warrant a further review by this court and leave to appeal is denied.

“K.M. Weiler J.A.”

“E.E. Gillese J.A. ”

“H.S. LaForme J.A.”