DATE: 20060908

DOCKET: C40661

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. WAYNE ROBSON (Appellant)

BEFORE:

DOHERTY, LASKIN and BORINS JJ.A.

COUNSEL:

Timothy Breen

for the appellant

Amanda Rubaszek

for the respondent

HEARD & ENDORSED:

September 6, 2006

On appeal from the conviction entered by Justice B. Smith of the Superior Court of Justice dated June 2, 2003 and the sentence imposed dated June 3, 2003.

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

[1] Identification was the only issue at trial. The trial judge provided an appropriate caution to the jury concerning identification evidence and thoroughly reviewed the evidence and position of the parties. He did not highlight certain features of the evidence of the witnesses who failed to identify the appellant. While he could have referred to this evidence, his failure to do so does not amount to reversible error.

[2] The evidence that the appellant failed to attend work as required on the morning of the robbery was relevant to the issue of opportunity. Its potential prejudicial effect was minimal. The evidence was properly received.

[3] The sentence was fit given the appellant’s long record and the seriousness of the offences for which he was convicted.

[4] The appeal is dismissed.