COURT OF APPEAL FOR ONTARIO
Doherty, Goudge, Cronk, Blair and Tulloch JJ.A.
BETWEEN
Her Majesty the Queen
Appellant
and
Leroy Smickle
Respondent
Riun Shandler and Andreea Baiasu, for the appellant
Mark Halfyard, Jeff Hershberg and Breana Vandebeek, for the respondent
Moiz Rahman and Nancy Dennison, for the intervener, the Attorney General of Canada
Paul F. Monahan and Kimberly Potter, for the intervener, the Canadian Civil Liberties Association
Bruce F. Simpson, for the intervener, the John Howard Society of Canada
Virginia Nelder and Faisal Mirza, for the intervener, the African Canadian Legal Clinic
Scott Hutchison and Danielle Robitaille, for the intervener, the Advocates’ Society
Heard: February 19-22, 2013
On appeal from the sentence imposed by Justice Anne M. Molloy of the Superior Court of Justice in Toronto on February 13, 2012, with reasons reported at 2012 ONSC 602, 280 C.C.C. (3d) 365.
I
overview
1The respondent was charged with possession of a loaded prohibited firearm contrary to s. 95 of the Criminal Code, R.S.C. 1985, c. C-46 and other related firearm offences. The Crown elected to proceed by indictment on the s. 95 charge and the respondent re-elected trial by judge alone.
2The respondent testified that he was not in possession of the gun, but the trial judge accepted the evidence of the Crown witnesses and convicted on the s. 95 charge.
