Court of Appeal for Ontario
Before: Laskin, Juriansz and Tulloch JJ.A.
Between
Her Majesty the Queen
Respondent
and
Jason Bulmer
Appellant
Counsel:
Craig Parry, for the appellant
Philippe Cowle, for the respondent
Heard and released orally: September 17, 2012
On appeal from the conviction entered on July 23, 2010 by Justice Bruce J. Frazer of the Ontario Court of Justice, sitting without a jury.
ENDORSEMENT
1We see no error of law in the reasons of the trial judge. The appellant’s case does not satisfy the test for an unreasonable verdict under s. 686(1)(a)(i).
2The threshold for appellate intervention is a high one, and it is insufficient for the appellate court to take a different view of the evidence than the trial judge: R. v. Biniaris, 2000 SCC 15, [2000] 1 S.C.R. 381.
3We are not persuaded that there is any evidence to support an inference that the appellant touched the moulding after the break and enter. In our view, that conclusion is in the realm of conjecture.
4We are satisfied that based on the totality of the circumstantial evidence, a properly instructed jury acting judicially could reasonably have rendered the same verdict.
5Accordingly, the appeal is dismissed.
“J.I. Laskin J.A.”
“R.G. Juriansz J.A.”
“M.H. Tulloch J.A.”