Court of Appeal for Ontario

Date: 2017-09-11 Docket: 59830

Panel: MacPherson, Rouleau and Miller JJ.A.

Between

Her Majesty the Queen Respondent

and

Junior Ebagua Appellant

Counsel

Anthony Moustacalis, for the appellant

N. Devlin, for the respondent

Hearing and Trial Information

Heard: September 8, 2017

On appeal from: The conviction entered on December 11, 2014 by Justice Leslie Baldwin of the Ontario Court of Justice, sitting without a jury.

Appeal Book Endorsement

[1] We have reviewed the record and agree with the appellant's submission that the ineffective assistance of counsel in this case shows that the validity of the verdict is undermined and the procedures at trial were unfair resulting in a miscarriage of justice. The Crown concedes that the appeal should be allowed on this basis.

[2] As a result the appeal is allowed, the conviction set aside and a new trial ordered.