Court of Appeal for Ontario

CITATION: R. v. McCartney, 2012 ONCA 194

DATE: 20120323

DOCKET: C52053

Before: Rosenberg, Armstrong and Juriansz JJ.A.

BETWEEN

Her Majesty The Queen

Respondent

and

Jason Michael McCartney

Appellant

Counsel:

Nathan Gorham, for the appellant

Scott Latimer, for the respondent

Heard and endorsed: March 20, 2012

On appeal from the conviction entered on November 19, 2009 by Justice David Salmers of the Superior Court of Justice, sitting without a jury.

APPEAL BOOK ENDORSEMENT

[1] While Ms. Wong’s description varied somewhat from the appearance of the appellant, the trial judge explained why he discounted that fact. This then is not a case like R. v. Boucher. On the other hand, there was the remarkable coincidence that the appellant was with the other perpetrator only minutes after the second robbery wearing a shirt that was the same description as given by Ms. Wong.

[2] We are satisfied that the trial judge’s reasons do not reflect any error and that the verdict was not unreasonable.