Court File and Parties

CITATION: R. v. Hall, 2009 ONCA 229

DATE: 20090313

DOCKET: C48770

COURT OF APPEAL FOR ONTARIO

Doherty, Feldman and Cronk JJ.A.

BETWEEN:

Her Majesty the Queen

Appellant

and

Robert Hall

Respondent

Counsel:

Lisa Mathews, for the appellant

Dirk Derstine, for the respondent

Heard: March 10, 2009

On appeal from the acquittal entered by Justice D.S. Ferguson of the Superior Court of Justice dated April 23, 2008.

APPEAL BOOK ENDORSEMENT

[1] There was ample basis in the officer’s testimony from which a reasonable jury could infer that the appellant handed the cocaine to the person from whom the police officer seized the cocaine moments later. The trial judge was wrong in law in suggesting that the testimony of the alleged purchaser involved in the transaction was essential to support a conviction.

[2] The Crown has demonstrated that the result would not necessarily have been the same had the trial judge not erroneously directed a verdict of acquittal at the end of the Crown’s case.

[3] The appeal must be allowed, the acquittal quashed and a new trial ordered.