COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondents) – and – DAVID THOMPSON (Appellant)

BEFORE:

LASKIN, MacPHERSON and GILLESE JJ.A.

COUNSEL:

Timothy E. Breen,

for the appellant

Peter Defreitas,

for the respondent

HEARD & ENDORSED:

May 21, 2003

On appeal from the conviction imposed by Justice Arthur M. Gans of the Superior Court of Justice, sitting without a jury, dated May 9, 2001.

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

[1] The appellant raised three grounds of appeal:

In our view it was open to the trial judge to find there was an offer to sell cocaine.
On the basis of the officer’s evidence about the appellant’s nod and the transcript evidence the trial judge did not err in holding that the appellant provided a sample.
Although the trial judge’s interventions were intemperate, they did not give rise to any appearance of bias.

[2] Accordingly, the appeal is dismissed.