COURT OF APPEAL FOR ONTARIO

DATE: 20000619

DOCKET: C32647

RE: HER MAJESTY THE QUEEN (Respondent) –and– TANIA
VILLALOBOS (Appellant)

BEFORE: CATZMAN, WEILER and FELDMAN JJ.A.

COUNSEL: David Paciocco, for the appellant
Graham Reynolds, for the respondent

HEARD: June 14, 2000

On appeal from the conviction imposed by Sedgwick J., without a
jury, dated April 27, 1999.

E N D O R S E M E N T

[1] In our view, there was insufficient evidence in this case
to warrant the conclusion, beyond a reasonable doubt, that the
appellant knew that, or was wilfully blind whether, the package
delivered to her address contained narcotics. While the
circumstances were undoubtedly suspicious and susceptible to the
theory advanced by the Crown, they did not provide a sufficient
factual basis upon which the trial judge could appropriately draw
the legal inferences, including the inference of knowledge or
wilful blindness, that he described in paragraph 22 of his
reasons. At their highest, the suspicious circumstances were
insufficient to found a conviction.

[2] The appeal is allowed, the convictions are quashed and
verdicts of acquittal are entered.

Signed: “M.A. Catzman J.A.”
“K.M. Weiler J.A.”
“K. Feldman J.A.”