COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) v. N. H. (Appellant)
BEFORE:
McMURTRY C.J.O., ABELLA AND BLAIR JJ.A.
COUNSEL:
Michael E. Freeman
for the appellant
Feroza Bhabha
for the respondent
HEARD & ENDORSED:
January 12, 2004
On appeal from the conviction by Judge J. James dated July 24, 1997.
A P P E A L B O O K E N D O R S E M E N T
1The Crown agrees that offence of being masked while intending to commit an indictable offence is not supportable and we agree that the appeal should be allowed with respect to that conviction which is hereby quashed.
2We so no merit with respect to the other submissions as there was ample evidence on which the trial judge could base the other convictions and the appeals in relation to these convictions are dismissed.