DATE: 20040811

DOCKET: C41032

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – JEFFREY BRYDON BACKUS (Applicant (Appellant))

BEFORE:

ROSENBERG, ARMSTRONG and BLAIR JJ.A.

COUNSEL:

Martin Kerbel, Q.C.

for the appellant

John McInnes

for the respondent

HEARD & ENDORSED:

August 10, 1004

On appeal from the decision of Justice Paul Cosgrove of the Superior Court of Justice dated October 7, 2003, dismissing the appeal from conviction by Justice P. H. Megginson of the Ontario Court of Justice on October 21, 2002.

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 the various matters referred to by the trial judge were relevant to the appellant’s credibility. Evidence may be relevant to credibility even if it does not directly and expressly relate to the amount of alcohol consumed.

[2] Accordingly, leave to appeal is refused.