DATE: 20061013

DOCKET: 43491

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – JAMES DAVID YOUNG (Appellant)

BEFORE:

ROSENBERG, ARMSTRONG and BLAIR JJ.A.

COUNSEL:

James David Young

In person

Xenia Proestos

for the respondent

HEARD & ENDORSED:

October 12, 2006

On appeal from conviction by Justice James M. Donnelley of the Superior Court of Justice dated June 12, 2003 and sentence imposed dated June 20, 2003.

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

[1] The appellant alleges that the trial judge’s reasons were insufficient because he failed to address the appellant’s testimony concerning the fans. That evidence, however, did not undermine the informant’s evidence. There was no evidence that without the fans running, the marihuana odour could not be detected. The appellant who was in the best position to give that testimony did not give that evidence.

[2] Accordingly, the appeal from conviction is dismissed.