DATE: 20050201

DOCKET: C36154

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) -and-

MASON J. JENKINS (Appellant)

BEFORE:

LASKIN, ROSENBERG and LaFORME JJ.A.

COUNSEL:

Jason H. Rabinovitch

for the appellant

Ian D. Scott and Andrew Cappell

for the respondent

HEARD AND ENDORSED:

February 1, 2005

On appeal from the conviction entered by Justice Robert J. Abbey of the Superior Court of Justice, sitting with a jury, on January 12, 2001.

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

[1] We agree with the way that the trial judge handled this difficult situation, including his firm and fair instruction to the jury. The appellant’s principal submission is that the jury would have concluded his lawyer no longer believed in him. This submission is no more than speculative and, moreover, would require us to accept the untenable proposition that jurors do not follow a trial judge’s directions.

[2] Accordingly, the appeal is dismissed.