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DATE: 20040218
DOCKET: C41178

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) v. BRANDON ALEXANDER HILL (Appellant)
   
BEFORE: DOHERTY, GOUDGE JJ.A. and CAVARZAN J. (ad hoc)
   
COUNSEL: Daniel Brodsky for the appellant
   
  Kenneth Campbell and Andrew Goodman for the respondent
   
HEARD & ENDORSED: February 16, 2004
   
On appeal from the order of Justice Dawson dated January 9, 2004.

APPEAL BOOK ENDORSEMENT

[1] We see no merit in the appeal. There was a basis upon which the preliminary inquiry judge could conclude that a reasonable jury properly instructed could find the appellant guilty of first degree murder under s. 231(5)(e). The motion for certiorari was, therefore, properly dismissed by Dawson J.

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