Court File and Parties

CITATION: R. v. Camilleri, 2008 ONCA 476

DATE: 20080613

DOCKET: C46596

COURT OF APPEAL FOR ONTARIO

ROSENBERG, ARMSTRONG and WATT JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN Respondent

and

ROBERT CAMILLERI Appellant

Counsel: Lawrence Ben-Eliezer for the appellant Colleen Hepburn for the respondent

Heard and endorsed: June 10, 2008

On appeal from conviction by Justice by Justice G. Miller of the Superior Court of Justice dated January 8, 2007.

APPEAL BOOK ENDORSEMENT

[1] The sentence appeal is dismissed as abandoned.

[2] As to the appeal from conviction, counsel for the appellant has raised an interesting issue as to the application of colour of right to a charge of robbery. However, on the facts found by the trial judge, it is our view that the defence does not arise.

[3] The trial judge found that it was the appellant who demanded the money and pointed the imitation firearm. The appellant at no time asserted that he had a right to the money and certainly no right to all the money in the victim’s possession. In those circumstance colour of right was not available. This is not a case where the appellant was merely a party to an act committed by someone with a colour of right.

[4] Accordingly, the appeal from conviction is dismissed.