DATE: 20060608

DOCKET: C41190

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) –and- VIRGILIO MIGONE (Appellant)

BEFORE:

LABROSSE, LASKIN AND ARMSTRONG JJ.A.

COUNSEL:

Frederick Shanahan

for the appellant

Amanda Rubaszek

for the respondent

HEARD & ENDORSED:

June 8, 2006

On appeal from the conviction entered on November 28, 2003 by Justice Ready of the Superior Court of Justice made at Brampton, 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 trial judge was in error in convicting the appellant. The appeal is allowed. This is not a proper case to order a new trial. The appellant is acquitted.