COURT OF APPEAL FOR ONTARIO

DATE: 20040309

DOCKET: C37819

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

[1] The 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.

[2] The appeal as to the two convictions of trafficking is dismissed as we see no merit in this appeal as the identification evidence was overwhelming.

[3] The 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.

[4] In 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.