COURT OF APPEAL FOR ONTARIO
Laskin, Rosenberg and Epstein JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Gary Bentley
Appellant
Daniel C. Santoro and Angela Ruffo, for the appellant
Jeanette Gevikoglu, for the respondent
Heard: October 30, 2013
On appeal from the judgment of Justice Thomas Bielby of the Superior Court of Justice, dated November 22, 2012, dismissing certiorari setting aside the order of Justice Norman Douglas of the Ontario Court of Justice, dated August 20, 2012, committing the appellant.
APPEAL BOOK ENDORSEMENT
1The preliminary inquiry judge did not commit a jurisdictional error in committing the appellant for trial. On the issue of identification the testimony of DC Devine was some evidence connecting the appellant to the property. Coupled with the appellant’s admitted ownership of the property, there was enough evidence on which a trier of fact could find that the appellant had the necessary knowledge and control.
2On the issue of the type of plant, the preliminary inquiry justice acted within his jurisdiction in relying on the experience and testimony of Devine to find that the 9,000 plants in the barn were marijuana. His testimony is summarized at para. 43 of the Crown’s factum.
3Accordingly, we conclude that the evidence tendered before the preliminary inquiry judge was capable of supporting a committal.
4The appeal is dismissed.