DATE: 20030911 DOCKET: C37864

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. THINH HUNG LE (Appellant)

BEFORE:

CARTHY, DOHERTY and SHARPE JJ.A.

COUNSEL:

Peter Zaduk for the appellant

Croft Michaelson for the respondent

HEARD & ENDORSED:

SEPTEMBER 5, 2003

On appeal from the conviction entered by Justice Hawkins dated February 6, 2002.

APPEAL BOOK ENDORSEMENT

[1] At its best for the defence, the informant could have testified that the appellant was not one of the persons who attended at the apartment on a specific day.

[2] It cannot be said that the evidence would have materially assisted the appellant in meeting the case put against him by the Crown, much less that the evidence was "necessary" to ensure that the appellant received a fair trial.

[3] The appeal is dismissed.