Court of Appeal for Ontario

CITATION: R. v. Rafiaie, 2010 ONCA 26

DATE: 20100115

DOCKET: C47190

Winkler C.J.O., Goudge and Watt JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

and

Mohammed Rafiaie

Appellant

Counsel: Howard L. Krongold, for the appellant Peter Scrutton, for the respondent

Heard: January 12, 2010

On appeal from the conviction entered on December 19, 2006, and the sentence imposed on March 12, 2007, by Justice Albert Roy of the Superior Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] The appellant was self-represented at trial. In this court Mr. Krongold, his counsel, argues that the advice given by the trial judge prior to the appellant re-electing, was wrong.

[2] We do not agree. The trial judge was properly attempting to explain that a jury trial would be more complicated for the accused, and would make it more difficult for the trial judge to provide the necessary guidance and explanations to a self-represented accused in a jury trial, than in a judge-alone trial.

[3] Where that reality must be communicated, the language with which that is done must be chosen with care. The trial judge did not err in the way he did so.

[4] The appeal must be dismissed.