DATE: 20040113

DOCKET: C31335

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. N. H. (Appellant)

BEFORE:

McMURTRY C.J.O., ABELLA AND BLAIR JJ.A.

COUNSEL:

Michael E. Freeman

for the appellant

Feroza Bhabha

for the respondent

HEARD & ENDORSED:

January 12, 2004

On appeal from the conviction by Judge J. James dated July 24, 1997.

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

[1] The Crown agrees that offence of being masked while intending to commit an indictable offence is not supportable and we agree that the appeal should be allowed with respect to that conviction which is hereby quashed.

[2] We so no merit with respect to the other submissions as there was ample evidence on which the trial judge could base the other convictions and the appeals in relation to these convictions are dismissed.