Court File and Parties

Citation: R. v. Clarke, 2008 ONCA 781

Date: 2008-11-21

Docket: M36850 (C49458)

Court of Appeal for Ontario

O’Connor A.C.J.O.

Between:

Her Majesty the Queen Respondent

and

Alphanso Clarke Applicant (Appellant)

Counsel: David Wilson for the applicant (appellant) X. Proestos for the respondent

Heard: November 20, 2008

Endorsement

[1] This application for bail pending an appeal against conviction is dismissed.

[2] I am not persuaded that there is any merit in the appeal.

[3] The appellant’s main ground of appeal is that the verdict is unreasonable. In my view, that ground of appeal is bound to fail. In her reasons convicting the appellant, the trial judge carefully reviewed the Crown’s evidence and the case law relating to the main issue in the case, identification. The evidence that the appellant was the person who sold the cocaine to an undercover officer on four occasions was overwhelming. The undercover officer and two surveillance officers identified the appellant. When he was arrested, the appellant had in his possession marked money from the fourth sale. The cell phone seized from the appellant on his arrest was the same phone that the undercover officer had called in order to arrange the drug buys. The appellant did not testify.

[4] The appellant’s counsel also argues that the trial judge made several errors in discussing and analyzing the evidence. I do not agree. Even if the trial judge had made the errors alleged, they are of such insignificance in the context of the very strong Crown evidence against the appellant as to make no difference to the outcome.

[5] In the result, the application for bail is dismissed.

“D. O’Connor A.C.J.O.”