Court of Appeal for Ontario
Before: Rosenberg, Armstrong and Juriansz JJ.A.
BETWEEN
Her Majesty The Queen
Respondent
and
Jason Michael McCartney
Appellant
Counsel:
Nathan Gorham, for the appellant
Scott Latimer, for the respondent
Heard and endorsed: March 20, 2012
On appeal from the conviction entered on November 19, 2009 by Justice David Salmers of the Superior Court of Justice, sitting without a jury.
APPEAL BOOK ENDORSEMENT
1While Ms. Wong’s description varied somewhat from the appearance of the appellant, the trial judge explained why he discounted that fact. This then is not a case like R. v. Boucher. On the other hand, there was the remarkable coincidence that the appellant was with the other perpetrator only minutes after the second robbery wearing a shirt that was the same description as given by Ms. Wong.
2We are satisfied that the trial judge’s reasons do not reflect any error and that the verdict was not unreasonable.