DATE: 20060313

DOCKET: C40799

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – JUNIOR PHILLIPS (Appellant)

BEFORE:

ROSENBERG, BORINS AND LANG JJ.A.

COUNSEL:

Mangesh Duggal

for the appellant

Riun Shandler

for the respondent

HEARD & ENDORSED:

March 10, 2006

On appeal from conviction by Justice Ronald A. Minard of the Ontario Court of Justice dated April 16, 2003 and sentence imposed April 16, 2003.

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

[1] We are satisfied that the trial judge properly assessed the evidence and made no errors. He was aware of the problems with the procedures involving Ms. Stenhouse and the inconsistencies in some of the descriptions of the car. However, this was a formidable circumstantial case that did not turn solely on the accuracy of the eyewitness identification. More important was the remarkable coincidence that the appellant, who resembled the description given by all the witnesses, was associated with the car matching the getaway car’s description in terms of make and colour and which had the same license number, but for one digit, as the getaway car.

[2] This verdict was not unreasonable.

[3] Accordingly, the appeal is dismissed.