COURT OF APPEAL FOR ONTARIO
DOHERTY, BORINS and FELDMAN JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
MARC ROBERT OSBORNE
Appellant
Counsel:
Peter Beach for the appellant
Michelle Campbell for the respondent
Heard: April 13, 2007
On appeal from the conviction entered by Justice P. Cosgrove of the Superior Court of Justice on November 27, 2002 and the sentence imposed on February 7, 2003.
APPEAL BOOK ENDORSEMENT
1The trial judge appreciated the need to carefully examine the identification evidence. It must be said, however, that the Crown’s case against the appellant was based as much on circumstantial evidence as it was on the identification made by the police officer. The trial judge’s reasons reveal no misapprehension of the evidence or any failure to address issues or evidence that had to be addressed by him. He addressed the discrepancies in the descriptions provided by the witnesses and was entitled to conclude that they were not significant. The trial judge did advert to the officer’s “confidence” in his identification evidence. This was, however, only one of several factors he adverted to in making his finding.
2The appeal is dismissed.