COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Respondent) –and– TANIA VILLALOBOS (Appellant)
BEFORE: CATZMAN, WEILER and FELDMAN JJ.A.
COUNSEL: David Paciocco, for the appellant Graham Reynolds, for the respondent
HEARD: June 14, 2000
On appeal from the conviction imposed by Sedgwick J., without a jury, dated April 27, 1999.
E N D O R S E M E N T
[1] In our view, there was insufficient evidence in this case to warrant the conclusion, beyond a reasonable doubt, that the appellant knew that, or was wilfully blind whether, the package delivered to her address contained narcotics. While the circumstances were undoubtedly suspicious and susceptible to the theory advanced by the Crown, they did not provide a sufficient factual basis upon which the trial judge could appropriately draw the legal inferences, including the inference of knowledge or wilful blindness, that he described in paragraph 22 of his reasons. At their highest, the suspicious circumstances were insufficient to found a conviction.
[2] The appeal is allowed, the convictions are quashed and verdicts of acquittal are entered.
Signed: “M.A. Catzman J.A.” “K.M. Weiler J.A.” “K. Feldman J.A.”