COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) v. GERALD K. CRIECE (Appellant)
BEFORE:
DOHERTY, ROSENBERG and ARMSTRONG JJ.A.
COUNSEL:
J. David Helson
for the appellant
Nadia Thomas
for the respondent
HEARD & ENDORSED:
May 30, 2003
On appeal from the conviction entered by Justice T.D. Marshall of the Superior Court of Justice on July 28, 2000 and the sentence imposed on October 4, 2000.
A P P E A L B O O K E N D O R S E M E N T
1We see no basis upon which to interfere with the trial judge’s conclusion that there was “articulable cause” for the initial detention.
2In any event, the arrest which followed immediately after the detention and preceded the search of the appellant was lawful. The evidence obtained in the search could not have been excluded under s. 24(2) even if the initial detention was unlawful.
3The appeal is dismissed.