Court File and Parties

CITATION: R. v. Chan, 2010 ONCA 154

DATE: 20100301

DOCKET: C51064

COURT OF APPEAL FOR ONTARIO

Sharpe, LaForme and Rouleau JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Kim Chung Chan

Appellant

Counsel:

Edward F. Hung, for the appellant

Susan Magotiaux, for the respondent

Heard: February 26, 2010

On appeal from the judgment of Justice France P. Kiteley of the Superior court of Justice dated September 2, 2009.

APPEAL BOOK ENDORSEMENT

[1] The appellant relies on inconsistencies in the Crown’s evidence in seeking leave to appeal. Both the summary conviction appeal judge and the trial judge were alive to these inconsistencies. The trial judge accepted the evidence of the Crown witness despite the inconsistencies, rejected the evidence of the appellant, and found the Crown’s case proved beyond a reasonable doubt. We are not persuaded that the inconsistencies in the evidence are so stark or troubling as to give rise to a ground of appeal under the test laid down in R. v. R.R. Leave to appeal denied.