R. v. Lamoureux, 2011 ONCA 448
COURT OF APPEAL FOR ONTARIO
Laskin, Gillese, Karakatsanis JJ.A.
BETWEEN
Her Majesty The Queen
Respondent
and
Chadwick Lamoureux
Appellant
Robert B. Carew, for the appellant
Emile Carrington, for the respondent
Heard & released orally: June 6, 2011
On appeal from the judgment of Justice Jean-Marie Bordeleau of the Ontario Court of Justice dated October 25, 2009.
ENDORSEMENT
1On the count pertaining to the theft at 240 Bank Street, the principal issue is whether the finding of recency is unreasonable. In our view, that finding was reasonably open to the trial judge. Moreover, there was limited circumstantial evidence – for example, a distinctive shirt – linking the appellant to the theft.
2Accordingly, the appeal from the conviction on this count is dismissed.
3On the count pertaining to the theft at 141 Laurier Avenue, the main issue is whether the finding of possession of the bag marked as Exhibit 3 is reasonably supported by the evidence. In our view, the evidence does not support a finding of possession of that bag. The bag was a grey plastic bag found under a microwave in an apartment rented by someone else. The bag’s contents, including the cigars, did not link the appellant to the bag. Moreover, in convicting the appellant on this count, the trial judge appears to have been confused between Exhibit 1, which was the appellant’s bag and Exhibit 3.
4For these brief reasons, the appeal on this count is allowed, the conviction is set aside and an acquittal is entered.
5In the light of our disposition, the appellant is entitled to reduction of the sentence. We reduce the appellant’s sentence from 3 years to 2 years plus the 108 days pre-trial custody.
“John Laskin J.A.”
“E.E. Gillese J.A.”
“Karakatsanis J.A.”