DATE: 20060209

DOCKET: C41789

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent)

– and – IAN BRUCE CAMPBELL (Appellant)

BEFORE:

GOUDGE, ARMSTRONG AND MACFARLAND JJ.A.

COUNSEL:

Jeanine E. LeRoy

for the appellant

Leslie Paine

for the respondent

HEARD & ENDORSED:

February 6, 2006

On appeal from the conviction by Justice John G. Kerr of the Superior Court of Justice dated February 6, 2004 and from the sentence imposed by Justice Kerr dated May 12, 2004.

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

[1] In our view there is no evidence admissible against Campbell that permits an inference of his prior knowledge of Steve’s intention. There is nothing more than evidence of mere presence which is not enough to sustain the conviction as a party. The conviction must be set aside and an acquittal ordered.