COURT OF APPEAL FOR ONTARIO
Rosenberg, Pepall and Tulloch JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Forbes Deane
Appellant
Counsel:
Robert Hossein Tanha, for the appellant
Sandy Thomas, for the respondent
Heard: April 4, 2014
On appeal from the conviction entered on January 18, 2013 by Justice Donald J. Halikowski of the Ontario Court of Justice, sitting without a jury.
APPEAL BOOK ENDORSEMENT
1This case turned on the credibility of the appellant. Unfortunately, the trial judge’s reasons fail to adequately apply W.(D.) on the crucial issue of whether the appellant knew of the presence of the cocaine.
2Accordingly, the appeal is allowed, the conviction is set aside and a new trial is ordered.
