DATE: 20060307

DOCKET: C42205

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

[1] While 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.

[2] We are satisfied that the trial judge did not misapprehend the evidence and that her reasons were sufficient given the various issues before her.

[3] As 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.

[4] Accordingly the appeal is dismissed.