COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent)
– and – IAN BRUCE CAMPBELL (Appellant)
BEFORE:
GOUDGE, ARMSTRONG AND MACFARLAND JJ.A.
COUNSEL:
Jeanine E. LeRoy
for the appellant
Leslie Paine
for the respondent
HEARD & ENDORSED:
February 6, 2006
On appeal from the conviction by Justice John G. Kerr of the Superior Court of Justice dated February 6, 2004 and from the sentence imposed by Justice Kerr dated May 12, 2004.
A P P E A L B O O K E N D O R S E M E N T
1In our view there is no evidence admissible against Campbell that permits an inference of his prior knowledge of Steve’s intention. There is nothing more than evidence of mere presence which is not enough to sustain the conviction as a party. The conviction must be set aside and an acquittal ordered.