DATE: 20011203
DOCKETS: C34462
COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) v. ALFRED OGBUMOR (Appellant)
BEFORE:
McMURTRY C.J.O., ROSENBERG and GOUDGE JJ.A.
COUNSEL:
Melvyn Green, for the appellant
Fergus ODonnell, for the respondent
HEARD:
November 22, 2001
RELEASED ORALLY:
November 22, 2001
On appeal from the conviction imposed by Justice Patrick D. White dated June 21, 1999
E N D O R S E M E N T
[1] The only reasonable interpretation of the trial judge’s reasons was that he was not satisfied that the appellant did any act for the purpose of aiding the co-accused in possession of the drugs until he took possession of the UPS documents.
[2] As the Crown fairly concedes, that act took place only after the co-accused had abandoned the attempt to take possession of the drugs. As such, it could not sustain the conviction for attempted possession for the purpose of trafficking. The verdict is therefore unreasonable. See R. v. Binaris (2000), 143 C.C.C. (3d) 7 at 22 (S.C.C.).
[3] Accordingly, the appeal must be allowed and an acquittal entered. In view of this conclusion, we need not deal with the alternative ground of appeal that there is no offence known to law of attempt to possess for the purpose of trafficking.
Signed: “R.R. McMurtry C.J.O.”
“M. Rosenberg J.A.”
“S.T. Goudge J.A.”