DATE: 20050209

DOCKET: C38819

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. DARREN GERRARD (Appellant)

BEFORE:

McMURTRY C.J.O., DOHERTY & MacFARLAND JJ.A.

COUNSEL:

Chris Biscoe

for the appellant

Nadia Thomas

for the respondent

HEARD & ENDORSED:

February 9, 2005

On appeal from conviction by Justice R. Boissonneault dated May 7, 2002 and sentence dated June 28, 2002.

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

[1] The trial judge properly instructed himself on the danger of accepting the evidence of the accomplice. Even if aspects of the trial judge’s assessment of the accomplice’s credibility may not reflect that caution, the confirmatory evidence was overwhelming.

[2] The conviction appeal is dismissed. The sentencing appeal is dismissed as abandoned.