COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) -and- AND HERBERT ABUGATTAS (Appellant)
BEFORE:
LASKIN, SHARPE AND MACFARLAND JJ.A.
COUNSEL:
Michael Lomer
for the appellant
John North
for the respondent
HEARD & ENDORSED:
December 15, 2005
On appeal from the judgment of Justice Chapnik of the Superior Court of Justice dated March 31, 2004, made at Toronto, Ontario.
A P P E A L B O O K E N D O R S E M E N T
1The Crown concedes that the verdict is unreasonable and we agree with that concession.
2The appeal is therefore allowed, the conviction is set aside and an acquittal is entered.