DATE: 20041208

DOCKET: C41759

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) v. NAIFAN GUO (Appellant)

BEFORE: DOHERTY, LASKIN and ARMSTRONG JJ.A.

COUNSEL:

Edward Hung for the appellant

Roger Shallow for the respondent

HEARD & ENDORSED: December 8, 2004

On appeal from the conviction entered by Justice J.C. Moore dated January 5, 2004.

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

[1] It was open to the trial judge to find that the appellant gave two inconsistent stories as to how she came to be in possession of the counterfeit bills when confronted at the store. It follows that at least one of the explanations was false.

[2] The trial judge was entitled to use the evidence of the inconsistent statements in drawing the inference that the appellant knew the bills were counterfeit.

[3] The appeal is dismissed.