COURT OF APPEAL FOR ONTARIO
Rosenberg, Juriansz and Epstein JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Jetter Buchanan
Appellant
Michael Dineen, for the appellant
Avene Derwa, for the respondent
Heard: March 7, 2013
On appeal from the conviction entered on December 19, 2011 by Justice John B. McMahon of the Superior Court of Justice.
APPEAL BOOK ENDORSEMENT
1The parties concede that the trial judge misapprehended the evidence because of the mistaken submission by Crown counsel. This aspect of the evidence was critical to the trial judge’s conclusion; he mentioned the placement of the fingerprints in a number of his 9 points for convicting.
2We do not agree, however, that the verdict was unreasonable. Properly understood the evidence was capable of sustaining convictions.
3Accordingly, the appeal is allowed, the convictions set aside and a new trial ordered.