COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Respondent)
v. PRINCE ODION IGBINEDION (Applicant/Appellant)
BEFORE: McMurtry C.J.O., Charron and MacPherson JJ.A.
COUNSEL:
Daniel Stein
For the appellant
Laura Hodgson
For the respondent
HEARD: October 31, 2000
On appeal from the conviction and sentence imposed by Justice Linda M. Walters, sitting as a summary conviction appeal court on December 1, 1999.
E N D O R S E M E N T
1This is an appeal from conviction and sentence imposed by Walters J., sitting as a summary conviction appeal court. The appellant was convicted of three counts of fraud under $5,000. The appellant advances three arguments.
2His jurisdictional argument is that the original trial could not proceed as a summary conviction trial even with the consent of the Crown and counsel for the accused. We disagree. Section 786 (2) of the Criminal Code is a procedural section and permitted the trial judge to proceed in precisely the fashion counsel for the accused sought. No jurisdictional arose on the facts of this case. The information remained valid and the trial court had jurisdiction to try this matter whether it proceeded by indictment or by summary conviction.
3On the conviction appeal, there was sufficient evidence to support the findings of guilt on the three counts in the indictment affirmed by the summary conviction appeal court judge.
4Finally, we think that the sentence imposed by the summary conviction appeal court judge was a fit sentence.
5Accordingly, the appeal from conviction is dismissed. Leave to appeal sentence is granted and the appeal from sentence is dismissed.
(signed) “R. McMurtry C.J.O.”
(signed) “L. Charron J.A.”
(signed) “J.C. MacPherson J.A.”