COURT OF APPEAL FOR ONTARIO

DATE: 2004-11-02

DOCKET: C41736

RE: Her Majesty the Queen (Respondent) v. Timothy J. Moore (Appellant)

BEFORE: Doherty, Weiler and Simmons JJ.A.

COUNSEL:

Brian Kelly for the appellant

Roger A. Pinnock for the respondent

HEARD & ENDORSED: November 1, 2004

On appeal from the conviction entered by Justice R.G. Hunter of the Ontario Court of Justice dated August 27, 2003.

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

[1] We find no error in the trial judge’s review of the evidence or his assessment of the reliability/credibility of the Crown witness.

[2] The S.C.A.C.J. concluded that the verdict was not unreasonable. We have considered the evidence and agree that it was open to the trial judge to accept the evidence of the Crown witness even though that witness had given a prior inconsistent statement.

[3] The appeal is dismissed.