COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – KEITH BRIAN WILLIAMS (Appellant)
BEFORE:
LABROSSE, WEILER and SHARPE JJ.A.
COUNSEL:
Christopher Biscoe
for the appellant
Anya Weiler
for the respondent
HEARD AND ENDORSED:
December 12, 2006
On appeal from the convictions entered by Justice B. Kelley of the Ontario Court of Justice dated October 3, 2003.
A P P E A L B O O K E N D O R S E M E N T
1The decision was made not to call evidence and after full submissions and reasons for judgment, when it became clear that the appellant would be convicted, the application to re-open was made. In these circumstances, we are of the view that the trial judge properly exercised his discretion in declining to re-open the case.
2We see no merit in the identification issue.
3With respect to Count 1, the Crown concedes that it is not an included offence. Given the circumstances, we decline to exercise our discretion to amend that Count. The conviction is quashed on Count 1.
4In all other respects, the appeal is dismissed.