Court of Appeal for Ontario
MacPherson, Armstrong and Juriansz JJ.A.
BETWEEN
Her Majesty the Queen
Applicant/Appellant
and
Henrique Goncalves
Respondent
Counsel:
Brendan Gluckman, for the appellant
Amit Thakore, for the respondent
Heard: March 2, 2012
On appeal from the sentence imposed on April 28, 2011 by Justice Frances P. Kiteley of the Superior Court of Justice, sitting without a jury.
APPEAL BOOK ENDORSEMENT
1The appellant’s principal submission is that the trial judge’s conclusion that the appellant “was a street level seller who was an addict” was completely unsupported by the evidence.
2In our view, substantial deference must be accorded to a sentencing judge, and especially to her factual conclusions. Although we acknowledge that there was a good deal of evidence to support a conclusion that the appellant was a higher-level supplier, we cannot say that the trial judge’s conclusion is entirely unsupported by the evidence.
3The appeal is dismissed.
