COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) -and-
MASON J. JENKINS (Appellant)
BEFORE:
LASKIN, ROSENBERG and LaFORME JJ.A.
COUNSEL:
Jason H. Rabinovitch
for the appellant
Ian D. Scott and Andrew Cappell
for the respondent
HEARD AND ENDORSED:
February 1, 2005
On appeal from the conviction entered by Justice Robert J. Abbey of the Superior Court of Justice, sitting with a jury, on January 12, 2001.
A P P E A L B O O K E N D O R S E M E N T
1We agree with the way that the trial judge handled this difficult situation, including his firm and fair instruction to the jury. The appellant’s principal submission is that the jury would have concluded his lawyer no longer believed in him. This submission is no more than speculative and, moreover, would require us to accept the untenable proposition that jurors do not follow a trial judge’s directions.
2Accordingly, the appeal is dismissed.