CITATION: R. v. Lilly, 2011 ONCA 740
DATE: 20111124
DOCKET: C48837
COURT OF APPEAL FOR ONTARIO
Doherty, Rosenberg and Juriansz JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Sean V. Lilly
Appellant
Michael M. Doyle, for the appellant
Marcy Henschel, for the respondent
Heard: November 23, 2011
On appeal from the conviction entered by Justice A. Zuraw of the Ontario Court of Justice on February 28, 2008 and the sentence imposed dated April 29, 2008.
APPEAL BOOK ENDORSEMENT
[1] The trial judge’s description of the facts as he found them surrounding the appellant’s acquisition and storage of the material effectively provided a clear explanation for his rejection of the appellant’s evidence. In short, that explanation was incredible in light of the surrounding circumstances as found by the trial judge. The reasons were adequate.
[2] The evidence provided a sufficient basis upon which the trial judge could find that the appellant was wilfully blind.
[3] The appeal must be dismissed.