Court of Appeal for Ontario
LASKIN, SIMMONS and EPSTEIN JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
KIRK BOWEN
Appellant
Paul W. Slocombe for the appellant
Greg Skerkowski for the respondent
Heard: July 7, 2008
On appeal from the decision of the summary conviction appeal court dated November 27, 2006 by Justice Guy P. DiTomaso of the Superior Court of Justice, dismissing the appeal from the conviction entered on April 13, 2006 by Justice Vibert A. Lampkin of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1We agree substantially with the reasons of DiTomaso J. Even if he misstated the fourth branch of the Palmer test at para. 38 of his reasons by using the word “would” instead of “could”, we agree with his conclusion that the fresh evidence was not admissible.
2The appeal is dismissed.