COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – GARFIELD WHITE (Appellant)
BEFORE:
ROSENBERG, BORINS and LANG JJ.A.
COUNSEL:
Mark Halfyard
for the appellant
Steve Coroza
for the respondent
HEARD & ENDORSED:
March 6, 2006
On appeal from conviction by Justice Tamarin Dunnet of the Superior Court of Justice dated June 10, 2004 and sentence imposed July 30, 2004.
A P P E A L B O O K E N D O R S E M E N T
1While we do not necessarily agree with all of the trial judge’s reasons for rejecting the appellant’s evidence, in particular, her reliance on the appellant’s admission that he did not know Daley’s real name, the other reasons she gave, especially on the issue of timing, were cogent and in context are a sufficient basis to find that the appellant’s story about how he came to the garage, why he was there and what he was doing before the police arrived were not credible. This was a crucial aspect of the appellant’s story.
2We are satisfied that the trial judge did not misapprehend the evidence and that her reasons were sufficient given the various issues before her.
3As to the s. 24(2) issue, in our view, assuming the trial judge was right to find a Charter breach, it was properly characterized as minor and admission of the evidence would not bring the administration of justice into disrepute.
4Accordingly the appeal is dismissed.