COURT OF APPEAL FOR ONTARIO
Moldaver, Simmons and Juriansz JJ.A.
BETWEEN:
Her Majesty The Queen
Respondent
and
Jagdeep Singh Benipal
Appellant
Mark Halfyard, for the appellant
Tom Lemon, for the respondent
Heard and endorsed: July 8, 2010
On appeal from conviction by Justice Katherine van Rensburg of the Superior Court of Justice dated March 27, 2009.
APPEAL BOOK ENDORSEMENT
1We see no error in the trial judge’s reasons. In particular, we reject the appellant’s submission that the trial judge misapprehended material evidence. The trial judge approached the appellant’s evidence from a common sense perspective. In the end, she found that many parts of his story made little or no sense and were incredible.
2The arguments raised by the appellant essentially call on us to revisit the trial judge’s findings and replace them with our own. That is not our function.
3Accordingly, the appeal from conviction is dismissed.