COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Deane, 2014 ONCA 297

DATE: 20140417

DOCKET: C57243

Rosenberg, Pepall and Tulloch JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Forbes Deane

Appellant

Counsel:

Robert Hossein Tanha, for the appellant

Sandy Thomas, for the respondent

Heard: April 4, 2014

On appeal from the conviction entered on January 18, 2013 by Justice Donald J. Halikowski of the Ontario Court of Justice, sitting without a jury.

APPEAL BOOK ENDORSEMENT

[1] This case turned on the credibility of the appellant. Unfortunately, the trial judge’s reasons fail to adequately apply W.(D.) on the crucial issue of whether the appellant knew of the presence of the cocaine.

[2] Accordingly, the appeal is allowed, the conviction is set aside and a new trial is ordered.