COURT OF APPEAL FOR ONTARIO
Watt, Lauwers and Hourigan JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Asad Saqallah
Appellant
Robert Sheppard, for the appellant
Hannah Freeman, for the respondent
Heard and released orally: March 9, 2015
On appeal from the convictions entered on January 11, 2013 by Justice Eleanor M. Schnall of the Ontario Court of Justice, sitting without a jury.
ENDORSEMENT
1The appellant appeals his convictions of using an imitation firearm in the commission of an indictable offence and breach of a recognizance after a trial before a judge sitting alone. He submits:
(i) that the trial judge erred in her assessment of the credibility of the principal Crown witness and the reliability of her evidence; and
(ii) that the conviction of using an imitation firearm in the commission of an indictable offence is unreasonable.
2We are not persuaded that the reasons reflect the errors alleged.
3In our view the appellant has failed to demonstrate any palpable and overriding error in the trial judge’s assessment of the credibility of the principal Crown witness and the reliability of her testimony. The trial judge was alive to the frailties of this witness’ evidence and took them into account in reaching her conclusion.
4There was evidence on the basis of which the trial judge could find that the thing the appellant produced from the waistband of his pants and with which he threatened the principal Crown witness was an imitation firearm. The witness described it as a gun, possibly a gun of .22 calibre. She provided a description of its colouration and of its shape. The appellant’s production and use of the thing that the witness described as a gun was consistent with that thing as an imitation firearm.
5The appeal is dismissed.
“David Watt J.A.”
“P. Lauwers J.A.”
“C.W. Hourigan J.A.”
