DATE: 20051216

DOCKET: C41962

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) -and- AND HERBERT ABUGATTAS (Appellant)

BEFORE:

LASKIN, SHARPE AND MACFARLAND JJ.A.

COUNSEL:

Michael Lomer

for the appellant

John North

for the respondent

HEARD & ENDORSED:

December 15, 2005

On appeal from the judgment of Justice Chapnik of the Superior Court of Justice dated March 31, 2004, made at Toronto, Ontario.

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

[1] The Crown concedes that the verdict is unreasonable and we agree with that concession.

[2] The appeal is therefore allowed, the conviction is set aside and an acquittal is entered.