DATE: 20061024

DOCKET: C44664

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. BRADLEY BELL (Appellant)

BEFORE:

LASKIN, MOLDAVER and JURIANSZ JJ.A.

COUNSEL:

Patrick Leckey

for the appellant

Joseph Perfetto

for the respondent

HEARD & ENDORSED:

October 19, 2006

On appeal from the decision of the summary conviction appeal court dated December 2, 2005 by Justice Randall S. Echlin of the Superior Court of Justice, dismissing the appeal from the conviction entered on august 17, 2004 by Justice Bruno Cavion of the Ontario Court of Justice.

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

[1] In making his adverse credibility finding, the trial judge took into account evidence that he ought not to have considered. See R. v. Cresswell.

[2] Having regard for the trial judge’s error in what we think was a close case, the conviction ought to be set aside and a new trial ordered.