COURT OF APPEAL FOR ONTARIO

DATE: 20000211

DOCKET: C32736

RE: HER MAJESTY THE QUEEN (Respondent)

v. BARRINGTON NOSWORTHY (Appellant)

BEFORE: ABELLA, ROSENBERG and MacPHERSON JJ.A.

COUNSEL: P. Andras Schreck,

for the appellant

Rick Visca,

for the respondent

HEARD: January 21, 2000

On appeal from his conviction by Mr. Justice Ferrier on March 5,

1993 and from the sentence imposed on April 21, 1993

E N D O R S E M E N T

[1] In 1995, this court found that the conviction of the

appellant’s wife on virtually the same set of facts was

unreasonable. The only distinguishing features referred to by

the trial judge were that the monies connected to the appellant

could be divided by twenty and that the appellant demonstrated a

consciousness of guilt by retreating as the police entered.

[2] In our view, despite the expert evidence the first factor is

simply not a distinguishing feature. As to the so-called

retreat, there was no evidence that the appellant was attempting

to escape and it was not a reasonable inference that the

appellant was attempting to hide anything. The officer said that

he guessed the appellant had something in his hand. This was too

tenuous a basis to support a finding of consciousness of guilt.

[3] In view of the disposition of the appeal of the appellant’s

wife, this verdict as well cannot stand. We agree with the

appellant that this verdict is also unreasonable.

[4] Accordingly, we would allow the appeal, quash the

convictions and enter acquittals.

(signed) "R. S. Abella J.A."

(signed) "M. Rosenberg J.A."

(signed) "J. C. MacPherson J.A."