DATE: 20031020

DOCKET: C39508

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – MICHAEL SCOTT (Appellant) and DERRICK DELPEACHE (Appellant)

BEFORE:

ABELLA, FELDMAN and ARMSTRONG JJ.A.

COUNSEL:

Aaron Harnett

for the appellant Michael Scott, agent for Steven Stauffer for the party Derrick Delpeache

Susanne Boucher

for the respondent

HEARD AND ENDORSED:

October 17, 2003

On appeal from the order of Justice J. David Watt of the Superior Court of Justice dated January 13, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] We make no pronouncement on whether the Preliminary Hearing Justice took or was entitled to take judicial notice.

[2] Based on the circumstantial evidence in this case, there was evidence that would entitle the preliminary hearing Justice to infer that the appellants possessed the cocaine for the purpose of trafficking.

[3] Accordingly, Watt J. committed no error in upholding the order of committal and the appeal is dismissed.