R. v. Dorsey, 2011 ONCA 540

CITATION: R. v. Dorsey, 2011 ONCA 540

DATE: 20110803

DOCKET: C49182

COURT OF APPEAL FOR ONTARIO

Feldman, Blair and Watt JJ.A.

BETWEEN

Her Majesty The Queen

Respondent

and

Anthony Lorne Dorsey

Appellant

Corie A. Langdon, for the appellant

Deborah Krick, for the respondent

Heard and endorsed: July 29, 2011

On appeal from conviction entered by Justice Ferguson of the Superior Court of Justice, dated April 24, 2008

APPEAL BOOK ENDORSEMENT

[1] The appellant appeals his convictions for robbery, use of imitation firearm, break and enter and breach of probation. His submission is that the trial judge erred in his approach to the eye witness identification evidence by not addressing its frailties and by coming to inconsistent conclusions as to its reliability. We do not agree.

[2] The trial judge carefully and thoroughly considered each piece of evidence. He specifically explained that he did not use a process of deduction by relying on some of the eye witness evidence simply because it matched the appellant when he was found outside the house that was involved. He was entitled to accept the evidence he did and to conclude based on all of the circumstantial evidence that he accepted, including the description of a white t-shirt, red baseball cap, black arms and the brandishment of a red tube together with finding a replica gun wrapped in a red bandana in the bushes near where the appellant was found outside the house, that the case against the appellant was proved beyond a reasonable doubt.

[3] The appeal is therefore dismissed.