Court File and Parties

CITATION: R. v. Hunter, 2007 ONCA 460

DATE: 20070622

DOCKET: C45130

COURT OF APPEAL FOR ONTARIO

MOLDAVER, MACPHERSON and CRONK JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

BRYAN DAVID HUNTER

Appellant

Counsel:

Bernard Cugelman for the appellant

Susan Ficek for the respondent

Heard and endorsed: June 21, 2007

On appeal from conviction by Justice C. Roland Harris of the Ontario Court of Justice dated February 28, 2006.

APPEAL BOOK ENDORSEMENT

[1] On behalf of the Crown, Ms. Ficek fairly concedes that the fresh evidence should be admitted. She further concedes that in light of the fresh evidence, the appeal should be allowed and the appellant’s conviction should be set aside and a new trial ordered on both the mischief and the break and enter charges. We agree. Order to go accordingly.