Court File and Parties

Court: COURT OF APPEAL FOR ONTARIO Date: 20210212 Docket: C66937

Judges: MacPherson, Huscroft and Jamal JJ.A.

Between: Her Majesty the Queen, Respondent And: Archibald McKay, Appellant

Counsel: Archibald McKay, acting in person Brian Snell, appearing as duty counsel Hannah Freeman, for the respondent

Heard: February 11, 2021 by video conference

On appeal from: the conviction entered on April 9, 2018 and the sentence imposed on April 18, 2019 by Justice Trevor A. Brown of the Ontario Court of Justice.

Appeal Book Endorsement

[1] The appellant was convicted of theft over $5,000, mischief to property and possession of break-in tools. He received a sentence of one year incarceration. He appeals the conviction. He appealed his sentence but has served it.

[2] On the conviction appeal, the appellant makes two arguments: (1) the trial judge erred by determining that he had been properly identified as the person who stole the tools, and (2) the nature of the items in his possession when he was arrested was insufficient to justify the conclusion that they were break-in tools.

[3] We are not persuaded by these submissions. The evidence received by the trial judge, including extensive surveillance evidence and the appellant’s movement on the night in question, including his very close proximity to the car with the stolen goods, justified the trial judge’s findings of guilt on the three charges.

[4] The appeal is dismissed.