Court of Appeal for Ontario

CITATION: R. v. Bowen, 2008 ONCA 548

DATE: 20080708

DOCKET: C46393

LASKIN, SIMMONS and EPSTEIN JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

KIRK BOWEN

Appellant

Paul W. Slocombe for the appellant

Greg Skerkowski for the respondent

Heard: July 7, 2008

On appeal from the decision of the summary conviction appeal court dated November 27, 2006 by Justice Guy P. DiTomaso of the Superior Court of Justice, dismissing the appeal from the conviction entered on April 13, 2006 by Justice Vibert A. Lampkin of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] We agree substantially with the reasons of DiTomaso J. Even if he misstated the fourth branch of the Palmer test at para. 38 of his reasons by using the word “would” instead of “could”, we agree with his conclusion that the fresh evidence was not admissible.

[2] The appeal is dismissed.