Court of Appeal for Ontario

Date: 2017-03-23 Docket: C62205

Judges: Doherty, Huscroft and Miller JJ.A.

Between

Her Majesty the Queen Respondent

and

Adrian Rashid Appellant

Counsel

Alan B. Richter, for the appellant

Kathleen Healey, for the respondent

Heard

March 21, 2017

Appeal

On appeal from the conviction entered on March 8, 2016 by Justice M. Block of the Ontario Court of Justice.

Appeal Book Endorsement

[1] This was a straightforward case. It was for the trial judge to assess the circumstantial evidence and determine whether any inferences inconsistent with guilt were reasonably available on the totality of the evidence.

[2] This court defers to that assessment absent demonstrated error in law or a clear and palpable factual error. The appellant shows neither here. A failure to articulate other possible factual scenarios in the reasons for judgment cannot be equated with a demonstrated failure to consider other possible scenarios.

[3] The reasons were adequate. The judge reviewed the evidence and made the basis for his finding clear.

[4] The appeal is dismissed.