DATE: 20040603
DOCKET: C38608 & C38609
COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – TARA and AMRITA HARRIPERSAD (Appellants)
BEFORE:
LASKIN, CHARRON and LANG JJ.A.
COUNSEL:
Howard J. Borenstein for the appellant Amrita Harripersad
Richard Posner for the appellant Tara Harripersad
Moiz Rahman for the respondent
HEARD & ENDORSED:
June 2, 2004
On appeal from convictions entered on September 13, 2001 and the sentences imposed on July 22, 2002 by Justice Silja S. Seppi of the Superior Court of Justice, sitting with a jury.
A P P E A L B O O K E N D O R S E M E N T
[1] We agree with the trial judge that if the exculpatory utterance went before the jury, the entire context had to be put before the jury as well. In the light of the position taken by defence counsel at trial (which was not the position advanced on appeal) we are not persuaded that we should interfere with the trial judge’s ruling. The conviction appeals are therefore dismissed.
[2] On the sentence appeals, counsel for the appellants fairly acknowledge that the four years jail terms are within the range for importing this amount of cocaine. The fresh evidence concerning each appellant is very positive, for which they are to be commended. However, we agree with the Crown that this evidence does not afford a basis to reduce what are otherwise demonstrably fit sentences.
[3] Accordingly, although leave to appeal sentence is granted, the sentence appeals are dismissed.