Decisions of the Court of Appeal

Decision Information

R. v. Elliott

Collection Decisions of the Court of Appeal
Date 2004-12-13
Docket numbers C40836
Judges Doherty, David H.; Laskin, John Ivan; Armstrong, Robert Patrick
Subject Criminal

Decision Content

DATE: 20041213
DOCKET: C40836

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. ALLAN ELLIOTT (Appellant)
   

BEFORE:

DOHERTY, LASKIN and ARMSTRONG JJ.A.
   

COUNSEL:

James Foord
 

for the appellant
   
 

Philip Perlmutter
 

for the respondent
   

HEARD & ENDORSED:

December 10, 2004

On appeal from the decision of Justice Power of the summary conviction appeal court dated October 17, 2003.

APPEAL  BOOK  ENDORSEMENT

[1]               The Crown concedes that the trial judge and summary conviction appeal court judge erroneously relied on inadmissible hearsay in finding that the Cadillac was owned by a person known to the appellant.  We agree with this concession and we agree that the error requires a new trial.

[2]               Leave to appeal is granted.  The order of Power J. is set aside, and a new trial is ordered on the two counts the appellant was convicted on.

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