Court File and Parties
COURT OF APPEAL FOR ONTARIO
ROSENBERG, FELDMAN and MacPHERSON JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
JOSE NIETO CAMPOS
Appellant
Counsel: Timothy E. Breen for the appellant Alison Wheeler for the respondent
Heard and endorsed: May 27, 2008
On appeal from conviction by Justice Gordon of the Superior Court of Justice dated November 18, 2005.
APPEAL BOOK ENDORSEMENT
1The appellant now acknowledges that his driving was dangerous but argues that the finding of joint enterprise was unreasonable and that the trial judge misapprehended the evidence in a crucial respect. We do not accept these submissions. There was evidence from four independent witnesses that the appellant and the deceased were racing. This was not a mere coincidence of speed; there was evidence of manoeuvring especially on the part of the appellant for a significant period of time. The trial judge did not misapprehend the evidence. It is apparent that the trial judge accepted the evidence of Mr. Fernandes as to the racing manoeuvre given that he was in a better position than Ms. Juhasz.
2Accordingly, the appeal from conviction is dismissed.