Court File and Parties

Court of Appeal for Ontario Date: 20211007 Docket: C68896

Fairburn A.C.J.O., Doherty and Watt JJ.A.

Between

Her Majesty the Queen Respondent

and

Charles Mustard Appellant

Counsel: Jeff Carolin and Taufiq Hashmani, for the appellant Benita Wassenaar, for the respondent

Heard and released orally: October 5, 2021 by video conference

On appeal from the order of Justice W. Low of the Superior Court of Justice, dismissing an application for certiorari, dated November 13, 2020.

Reasons for Decision

[1] We agree with the application judge that there was a basis in the evidence upon which the provincial court judge could come to the conclusion that a properly instructed jury could convict on a charge of first degree murder: see Reasons of application judge, dated November 13, 2020, at pp. 8-12.

[2] Consequently, certiorari was properly refused and the appeal is dismissed.

“Fairburn A.C.J.O.”

“Doherty J.A.”

“David Watt J.A.”