Andrew Menchynski

The appellant was convicted of robbery and conspiracy after the trial judge found he was the driver of the getaway vehicle.

The appellant appealed, arguing the trial judge misapprehended the evidence and the verdict was unreasonable.

The Court of Appeal dismissed the appeal, finding that the inference that the appellant's van was the getaway vehicle was available given the circumstantial evidence, including his presence in a running van near the robbery scene in the middle of the night.

The appellant appealed a disposition of the Ontario Review Board, arguing that the majority of the Board misapprehended the expert evidence of a doctor.

The Court of Appeal found no misapprehension of the evidence and held that the Board's decision was reasonable.

Giving deference to the Board's analysis, the appeal was dismissed.