Court of Appeal for Ontario
BEFORE: Simmons, Rouleau and Hourigan JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Andrew Block
Appellant
COUNSEL:
Aaron Wine, for the appellant
Joseph Selvaratnam, for the respondent
HEARD: September 16, 2014
On appeal from the conviction entered on January 4, 2014 and the sentence imposed on January 4, 2013 by Justice Paul L. Bellefontaine of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1The Crown very fairly concedes that if the court is prepared to accept the fresh evidence, this appeal should be allowed.
2Based on our review of the fresh evidence and the transcript of the guilty plea, we are satisfied that fresh evidence meets the Palmer criteria.
3The appeal is therefore allowed, the conviction set aside and a new trial ordered.