CITATION: R. v. Day, 2011 ONCA 630

DATE: 20111006

DOCKET: C53167

COURT OF APPEAL FOR ONTARIO

Goudge, Armstrong and Rouleau JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Brian Day

Appellant

John H. Hale, for the appellant

Gayle Karding, for the respondent

Heard: October 3, 2011

On appeal from the conviction and sentence imposed on April 19, 2010, by Justice Jean-Marie Bordeleau of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] This is not a case where the appellant and the victim gave completely incompatible versions of what happened. The trial judge’s reasons make clear that the photos of the victim supported the victim’s evidence and that the trial judge acted on that basis.

[2] His reasons are sufficient for appellate review. The appeal must be dismissed.