DATE: 20060519

DOCKET: C42357

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) v. FREDRICK BLACKLOCK (Applicant/Appellant)

BEFORE: DOHERTY, LANG and JURIANSZ JJ.A.

COUNSEL:

Nicholas A. Xynnis for the appellant

Tracy Stapleton for the respondent

HEARD & ENDORSED: May 18, 2006

On appeal from the conviction entered by Justice P.L. Bellefontaine of the Ontario Court of Justice dated July 14, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] Counsel for the appellant correctly concedes that the evidence of Ms. Tiano could offer confirmation of Ms. Willis’ evidence. He submits, however, that the confirmatory evidence was not sufficiently cogent to restore the trial judge’s faith in Ms. Willis as a witness. We disagree. The weight to be given to the confirmatory evidence was a matter for the trial judge. We think the evidence was capable of confirming Ms. Willis’ evidence on a central question and it was not unreasonable for the trial judge to so find.

[2] The appeal is dismissed.