COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – ANDREW MURPHY (Appellant)
BEFORE:
BORINS, FELDMAN and SHARPE JJ.A.
COUNSEL:
Janet E. Ruderman
for the appellant
Frank Au
for the respondent
HEARD & ENDORSED:
April 14, 2004
On appeal from the conviction entered on March 13, 2003 by Justice Leonard T. Montgomery of the Ontario Court of Justice.
A P P E A L B O O K E N D O R S E M E N T
1In our view, as the verdict is one that a properly instructed jury, acting judicially, could reasonably have rendered, it is not unreasonable. The totality of the evidence supports the trial judge’s finding that there were only three occupants of the house – Howell, Petrie and the appellant – and that he was entitled to find that neither Petrie nor Howell had any knowledge of the narcotics.
2Accordingly, the appeal is dismissed.