COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – HUSSEIN AHMED (Appellant)
BEFORE:
ROSENBERG, BLAIR and JURIANSZ JJ.A.
COUNSEL:
Anil K. Kapoor and Sarah E. Loosemore
for the appellant
Christine Bartlett-Hughes
for the respondent
HEARD & RELEASED ORALLY:
May 9, 2005
On appeal from conviction by Justice Archie Campbell of the Superior Court of Justice, sitting with a jury, dated April 6, 2002.
E N D O R S E M E N T
1We are satisfied that the appellant has met the stringent test for inconsistent verdicts. The appellant admitted his participation on all of the charged offences but relied on duress and necessity. These defences were the same for all of the crimes which were a part of a single transaction. This is the way the case was put to the jury by the parties and by the trial judge. In our view, the only reasonable explanation for this verdict is that the jury must have reached an unjustifiable compromise. Accordingly the appeal is allowed, the convictions set aside and acquittals entered.
Signed:
"M. Rosenberg J.A." "R.A. Blair J.A." "R.G. Juriansz J.A."