R. v. Kyriakopoulos, 2009 ONCA 803
COURT OF APPEAL FOR ONTARIO
Doherty, Cronk and Watt JJ.A.
BETWEEN:
Her Majesty the Queen
Respondent
and
Themistocles Kyriakopoulos
Appellant
Counsel:
Gregory Lafontaine, for the appellant
David Littlefield and Eric Gilman, for the respondent
Heard: November 10, 2009
On appeal from the conviction entered by Justice Newbould of the Superior Court of Justice dated January 18, 2008 and the sentence imposed on April 2, 2008.
APPEAL BOOK ENDORSEMENT
1The appellant advances a somewhat different argument than those found in the factum. We will assume that there was a s. 8 breach when the officer looked over the wall of the locker. We will also assume that the s. 8 breach was sufficiently connected to the obtaining of the warrant and the grounds for the appellant’s arrest to bring the evidence obtained under the warrant and incidental to the arrest within the reach of s. 24(2) based on the s. 8 breach.
2Given the nature of the breach and the findings of the trial judge, we see no basis upon which the evidence of the narcotics seized from the car, person of the appellant, and duffel bag, could possibly be excluded under s. 24(2). The factors identified in Grant strongly favour admission.
3The conviction appeal is dismissed.
4The sentence appeal was not pursued in oral argument. We think the sentence is fit.
5The sentence appeal is dismissed.