DATE: 20040218

DOCKET: C41178

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. BRANDON ALEXANDER HILL (Appellant)

BEFORE:

DOHERTY, GOUDGE JJ.A. and CAVARZAN J. (ad hoc)

COUNSEL:

Daniel Brodsky

for the appellant

Kenneth Campbell and Andrew Goodman

for the respondent

HEARD & ENDORSED:

February 16, 2004

On appeal from the order of Justice Dawson dated January 9, 2004.

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

[1] We see no merit in the appeal. There was a basis upon which the preliminary inquiry judge could conclude that a reasonable jury properly instructed could find the appellant guilty of first degree murder under s. 231(5)(e). The motion for certiorari was, therefore, properly dismissed by Dawson J.