DATE: 20040415

DOCKET: C40096

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – ANDREW MURPHY (Appellant)

BEFORE:

BORINS, FELDMAN and SHARPE JJ.A.

COUNSEL:

Janet E. Ruderman

for the appellant

Frank Au

for the respondent

HEARD & ENDORSED:

April 14, 2004

On appeal from the conviction entered on March 13, 2003 by Justice Leonard T. Montgomery of the Ontario Court of Justice.

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

[1] In our view, as the verdict is one that a properly instructed jury, acting judicially, could reasonably have rendered, it is not unreasonable. The totality of the evidence supports the trial judge’s finding that there were only three occupants of the house – Howell, Petrie and the appellant – and that he was entitled to find that neither Petrie nor Howell had any knowledge of the narcotics.

[2] Accordingly, the appeal is dismissed.