Court File and Parties
COURT OF APPEAL FOR ONTARIO
ROSENBERG, ARMSTRONG and WATT JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN Respondent
and
ROBERT CAMILLERI Appellant
Counsel: Lawrence Ben-Eliezer for the appellant Colleen Hepburn for the respondent
Heard and endorsed: June 10, 2008
On appeal from conviction by Justice by Justice G. Miller of the Superior Court of Justice dated January 8, 2007.
APPEAL BOOK ENDORSEMENT
1The sentence appeal is dismissed as abandoned.
2As to the appeal from conviction, counsel for the appellant has raised an interesting issue as to the application of colour of right to a charge of robbery. However, on the facts found by the trial judge, it is our view that the defence does not arise.
3The trial judge found that it was the appellant who demanded the money and pointed the imitation firearm. The appellant at no time asserted that he had a right to the money and certainly no right to all the money in the victim’s possession. In those circumstance colour of right was not available. This is not a case where the appellant was merely a party to an act committed by someone with a colour of right.
4Accordingly, the appeal from conviction is dismissed.