DATE: 20050512

DOCKET: C41082

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – HUSSEIN AHMED (Appellant)

BEFORE:

ROSENBERG, BLAIR and JURIANSZ JJ.A.

COUNSEL:

Anil K. Kapoor and Sarah E. Loosemore

for the appellant

Christine Bartlett-Hughes

for the respondent

HEARD & RELEASED ORALLY:

May 9, 2005

On appeal from conviction by Justice Archie Campbell of the Superior Court of Justice, sitting with a jury, dated April 6, 2002.

E N D O R S E M E N T

[1] We are satisfied that the appellant has met the stringent test for inconsistent verdicts. The appellant admitted his participation on all of the charged offences but relied on duress and necessity. These defences were the same for all of the crimes which were a part of a single transaction. This is the way the case was put to the jury by the parties and by the trial judge. In our view, the only reasonable explanation for this verdict is that the jury must have reached an unjustifiable compromise. Accordingly the appeal is allowed, the convictions set aside and acquittals entered.

Signed: "M. Rosenberg J.A." "R.A. Blair J.A." "R.G. Juriansz J.A."