COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Respondent) v. FANSU KAMATEH (Appellant)
BEFORE: McMurtry C.J.O., Moldaver and Cronk JJ.A.
COUNSEL:
Lois I. Pineau for the appellant
Chantal Proulx for the respondent
HEARD & ENDORSED: March 8, 2004
On appeal from the conviction by Justice Hugh R. McLean dated January 30, 2002.
A P P E A L B O O K E N D O R S E M E N T
1The Crown concedes that the appeal as to conviction should be allowed with respect to the charge of conspiracy to traffic and that a verdict of acquittal be substituted. We agree.
2The appeal as to the two convictions of trafficking is dismissed as we see no merit in this appeal as the identification evidence was overwhelming.
3The Crown also concedes that the sentence must be reduced given the acquittal on the conspiracy charge and agrees that the sentence be reduced to time served which was the equivalent of 14 months.
4In the circumstances we agree with the Crown’s submissions. Leave to appeal sentence granted, the appeal is allowed and the sentence is reduced to time served.