Court of Appeal for Ontario
Before: Rosenberg, Cronk and Pepall JJ.A.
Between:
Her Majesty the Queen
Respondent
and
Abraham Munkoh
Appellant
Counsel:
David E. Harris, for the appellant
Thomas C. Lemon, for the respondent
Heard: December 5, 2012
On appeal from the conviction entered on April 21, 2010 by Justice Michael R. Dambrot of the Superior Court of Justice, sitting without a jury.
APPEAL BOOK ENDORSEMENT
1We have not been persuaded that the trial judge erred either in his application of the legal principles or his apprehension of the evidence. Fundamentally, this case turned on findings of fact by the trial judge. Those findings are entitled to deference and the appellant has not shown that those findings are unreasonable.
2In particular, we are satisfied that it was open to the trial judge to find that the appellant was not detained during the early part of the search of the house in view of R. v. Suberu.
3On this record, and the facts found by the trial judge, it was not necessary for the police to reiterate the s. 10(b) rights per R. v. Sinclair. Contrary to the assertions of the appellant it was also open to the trial judge to find that he did not invoke his s. 10(b) rights at the station and was not questioned by Constable Correa in their initial encounter.
4In those circumstances, the challenge to the admissibility of the statements must fail.
5Accordingly, the appeal is dismissed.