COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) v. THINH HUNG LE (Appellant)
BEFORE:
CARTHY, DOHERTY and SHARPE JJ.A.
COUNSEL:
Peter Zaduk for the appellant
Croft Michaelson for the respondent
HEARD & ENDORSED:
SEPTEMBER 5, 2003
On appeal from the conviction entered by Justice Hawkins dated February 6, 2002.
APPEAL BOOK ENDORSEMENT
1At its best for the defence, the informant could have testified that the appellant was not one of the persons who attended at the apartment on a specific day.
2It cannot be said that the evidence would have materially assisted the appellant in meeting the case put against him by the Crown, much less that the evidence was "necessary" to ensure that the appellant received a fair trial.
3The appeal is dismissed.