COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Osborne, 2007 ONCA 278

DATE: 20070416

DOCKET: C42333

DOHERTY, BORINS and FELDMAN JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

MARC ROBERT OSBORNE

Appellant

Counsel:

Peter Beach for the appellant

Michelle Campbell for the respondent

Heard: April 13, 2007

On appeal from the conviction entered by Justice P. Cosgrove of the Superior Court of Justice on November 27, 2002 and the sentence imposed on February 7, 2003.

APPEAL BOOK ENDORSEMENT

[1] The trial judge appreciated the need to carefully examine the identification evidence. It must be said, however, that the Crown’s case against the appellant was based as much on circumstantial evidence as it was on the identification made by the police officer. The trial judge’s reasons reveal no misapprehension of the evidence or any failure to address issues or evidence that had to be addressed by him. He addressed the discrepancies in the descriptions provided by the witnesses and was entitled to conclude that they were not significant. The trial judge did advert to the officer’s “confidence” in his identification evidence. This was, however, only one of several factors he adverted to in making his finding.

[2] The appeal is dismissed.