DATE: 20050921

DOCKET: C38442

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. VAN THU NGUYEN (Appellant)

BEFORE:

DOHERTY, MOLDAVER and ARMSTRONG JJ.A.

COUNSEL:

Michael W. Lacy

for the appellant

Kevin Wilson

for the respondent

HEARD & ENDORSED:

September 20, 2005

On appeal from the conviction entered by Justice Himel of the Superior Court of Justice dated May 17, 2002 and the sentence imposed on June 26, 2002.

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

[1] The case against the appellant was not a strong one. However, we are satisfied on the findings made by the trial judge that it was open to the trial judge to find that she was in possession of the heroin found on the table in the living room. We cannot say that the verdict is unreasonable. The appellant should not have been cross-examined on her conditional discharge. We are satisfied, however, that it played no role in the trial judge’s rejection of the appellant’s evidence which was on its face incredible.

[2] The appeal is dismissed.