Court File and Parties
COURT OF APPEAL FOR ONTARIO
Doherty, Feldman and MacFarland JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Robert Gibson
Appellant
Counsel: Phil Downes, for the appellant Alexandra Campbell, for the respondent
Heard: June 29, 2009 On appeal from the conviction entered by Justice Barnes of the Ontario Court of Justice dated May 7, 2008 and the sentence imposed on June 2, 2008.
APPEAL BOOK ENDORSEMENT
1In our view, it was open to the trial judge on the record to conclude that the defence witness had failed to offer an explanation for what the trial judge determined was an important inconsistency in the evidence. It was for the trial judge to decide what impact that failure should have on the witness’s credibility and we see no ground for interference by this court.
2The appeal is dismissed.