Court of Appeal for Ontario

Date: 2018-03-08 Docket: C64353

Judges: Rouleau, Huscroft and Fairburn JJ.A.

Between

Her Majesty the Queen Respondent

and

Gordon Tapp Appellant

Counsel

David Anber, for the appellant

Andrew Hotke, for the respondent

Heard

March 05, 2018

Background

On appeal from the judgment of Justice P. Hurley of the Superior Court of Justice, dated September 25, 2017, dismissing the application for certiorari to quash the committal to trial issued by Justice R. Knott of the Ontario Court of Justice, dated June 26, 2017.

Appeal Book Endorsement

[1] In our view the appeal must be dismissed. The reviewing judge held that it was open to the preliminary inquiry judge to conclude that there was sufficient evidence upon which a trier of fact could infer that the appellant was the robber. He did not err in so doing.

[2] The video of the robbery together with the DNA evidence tying the appellant to the two t-shirts worn during the robbery are, in the circumstances of this case, sufficient.

[3] The appeal is dismissed.