COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – VICTOR EDWARD GUNNER (Appellant)
BEFORE:
ABELLA, MOLDAVER and BORINS JJ.A.
COUNSEL:
Irwin Koziebrocki
for the appellant
Sandra Kingston
for the respondent
HEARD & ENDORSED:
June 11, 2004
On appeal from conviction by Justice Nancy M. Mossip of the Superior Court of Justice dated September 28, 2000.
A P P E A L B O O K E N D O R S E M E N T
1We disagree with the appellant’s submission that the verdict should be set aside as unreasonable. The sole issue for the jury was the identity of the person responsible for the killing. In our view, there was a sufficient body of evidence upon which a properly instructed jury, acting reasonably and judicially, could conclude that the appellant was that person. Specifically, there was eyewitness evidence, evidence of motive and opportunity, evidence of after-the-fact conduct pointing to the appellant’s guilt and most significantly, forensic evidence implicating him as the perpetrator.
2As for the trial judge’s charge, we would not give effect to the one concern raised by the appellant. There is no basis for thinking that the jury would have confused the trial judge’s recitation of the Crown’s position with the trial judge’s opinion as to the appellant’s guilt.
3Accordingly, the appeal from conviction is dismissed.