CITATION: R. v. Henderson, 2007 ONCA 658

DATE: 20070924

DOCKET: C46034

COURT OF APPEAL FOR ONTARIO

ROSENBERG, GILLESE and MacFARLAND JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

And

LINDA HENDERSON

Appellant

Christopher Hicks for the appellant

Nicholas E. Devlin or the respondent

Heard and endorsed September 21, 2007

On appeal from conviction by Justice Richard E. Jennis of the Ontario Court of Justice dated July 19, 2006.

APPEAL BOOK ENDORSEMENT

[1] The appellant submits that the trial judge misapprehended the evidence and failed to appreciate that the expert’s opinion was based on assumptions that were not borne out by the evidence. We do not agree. These arguments depend almost entirely on the appellant’s testimony being accepted. The trial judge rejected her evidence and with good reason; her story was highly improbable and fraught with inconsistencies.

[2] The trial judge understood that none of the various factors on their own could prove that the admitted possession was, for the purpose of trafficking.

[3] Accordingly, the appeal is dismissed.