DATE: 20011123 DOCKET: C36068

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) v. DEREK BYRON DEACON (Appellant)

BEFORE: McMURTRY C.J.O., ROSENBERG and GOUDGE JJ.A.

COUNSEL: Cindy R. Wasser, for the appellant Randy Schwartz, for the respondent

HEARD: November 19, 2001

RELEASED ORALLY: November 19, 2001

On appeal from his conviction by Justice Norman D. Dyson on January 25, 2001.

E N D O R S E M E N T

[1] There was a body of circumstantial evidence to implicate the appellant in this offence. The description given by the victim soon after the offence was similar to the appellant’s appearance at the time. The victim did not notice the cleft chin but he did not say that the perpetrator did not have a cleft chin. This is not a case where the evidence shows an exculpatory dissimilarity. In our opinion, the verdict was not unreasonable.