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
1Identification 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.
2The 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.
3The sentence was fit given the appellant’s long record and the seriousness of the offences for which he was convicted.
4The appeal is dismissed.