Court File and Parties

CITATION: R. v. Golden, 2007 ONCA 261

DATE: 20070412

DOCKET: C37688

COURT OF APPEAL FOR ONTARIO

GOUDGE, LANG AND ROULEAU JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN Respondent

And

DAWN GOLDEN Appellant

Counsel: Christopher A. Avery for the appellant Dawn Golden Frank Au for the respondent

Heard and released orally: April 4, 2007

On appeal from the conviction entered by Justice David A. Fairgrieve of the Ontario Court of Justice dated May 7, 2001.

ENDORSEMENT

[1] In our view the reasons of the trial judge are adequate for appellate review. He clearly found that the appellant’s evidence did not raise a reasonable doubt and that the Crown’s evidence sufficiently established that the appellant was selling cocaine from her premises.

[2] Nor can we conclude that the trial judge rejected the appellant’s evidence because he accepted the Crown’s evidence. The surveillance evidence provided corroboration for the Crown’s evidence about the verbal exchange with the appellant, and together these two pieces of evidence were sufficient to sustain the conclusion that trafficking was being done by the appellant from her premises.

[3] The finding that the appellant carried on selling from the apartment, together with the fact that the cocaine was found beside her bed, and the fact that it was her apartment, properly support the conclusion of possession for the purpose and therefore the conviction.

[4] Mr. Avery essentially conceded that if this conviction is sustained the same is true for the marijuana conviction.

[5] The appeal must therefore be dismissed.

“S.T. Goudge J.A.” “S.E. Lang J.A.” “Paul Rouleau J.A.”