COURT OF APPEAL FOR ONTARIO
Doherty, Laskin and LaForme JJ.A.
Her Majesty the Queen
Respondent
and
Shubhdeep Grewal
Appellant
Lakhwinder Sandhu, for the appellant
Peter Scrutton, for the respondent
Heard: May 1, 2013
On appeal from the conviction entered by Justice Ian B. Cowan, of the Ontario Court of Justice, dated June 12, 2012.
APPEAL BOOK ENDORSEMENT
1We think the evidence on the theft charges was overwhelming. We are also satisfied that there was a basis upon which the trial judge could infer the requisite knowledge as to the contents of the trailer. We see no error in the trial judge’s reasons.
2We are, however, satisfied that the trial judge should have “Kienappled” the conviction on the possession charge relating to the truck (count 4) given the conviction on the charge of theft of the same truck (count 1). Count 4 should be stayed. Consequently, the appeal is allowed to that extent. The sentence on count 4 is set aside reducing the total fine by $1,250.