R. v. Ghadban, 2008 ONCA 811

APPEAL BOOK ENDORSEMENT

1In our view the trial judge was entitled to exercise her discretion to deny the appellant’s adjournment request. He had had a number of months to retain counsel. The trial date was fixed and was not to be adjourned. And in any event, the appellant obtained representation by the third day of trial. This ground of appeal fails.

2The trial judge was able to observe the change in the appellant’s demeanor following her denial of the adjournment and it was open to her to act on her observations in proceeding. She did not exhibit an apprehension of bias, in doing so, and clearly understood the need for impartiality required of her at trial.

3While the appellant was self represented for the first two days, we have been pointed to nothing, that the trial judge did or failed to do in giving guidance to the appellant that in our view prejudiced him.

4The appellant claims ineffective assistance of counsel. Given the conflicting fresh evidence he has not established that his counsel prevented him from testifying. As to failure to object to hearsay, late disclosure bad character evidence and leading questions, we cannot see that any prejudice to the appellant resulted. Nor did counsel’s unsuccessful attempt to use the late discovered tape to do so.

5Finally in our view the sentence reflects no error in principle nor is it unfit in all the circumstances.

6The appeal must be dismissed.