Court of Appeal for Ontario
Before: Laskin, Gillese, Karakatsanis JJ.A.
BETWEEN
Her Majesty The Queen
Respondent
and
Toni Akalu
Appellant
Counsel: Christopher Biscoe, for the appellant Andrea Baiasu, for the respondent
Heard: June 6, 2011
On appeal from the judgment of Justice Bonnie Wein of the Superior Court of Justice dated January 19, 2009.
APPEAL BOOK ENDORSEMENT
1The appellant appeals his conviction on the basis that the verdict is unreasonable. He relies on Mr. Lee’s unreliable bookkeeping. However, as the Crown’s factum makes clear, Mr. Lee’s bookkeeping is irrelevant to the finding of fraud. In convicting the appellant, the trial judge was entitled to rely on the evidence of Ms. Nicoletti. In the light of her evidence and the defence’s admission that the appellant received the money in question from the joint venture, the verdict of guilt is amply supported by the evidence.
2The appeal is dismissed.