Court File and Parties

Court: COURT OF APPEAL FOR ONTARIO Date: 20231122 Docket: C70340

Judges: van Rensburg, Roberts and Favreau JJ.A.

Between: His Majesty the King Respondent

And: Mustaf Yusuf Appellant

Counsel: Alison Shields, for the appellant Maria Gaspar, for the respondent

Heard and released orally: November 20, 2023

On appeal from: the conviction entered on June 21, 2021 and the sentence imposed on February 2, 2022 by Justice Joseph Di Luca of the Superior Court of Justice.

Reasons for Decision

[1] Since July 20, 2021, the appellant has been on judicial interim release pending the hearing of this appeal. Among other release conditions, the release order provides that the appellant had to surrender on the date scheduled for the appeal and could not leave the province of Ontario. The order also provides that if the appellant failed to surrender into custody his appeal would be deemed to constitute an abandonment of the appeal. Moreover, the order stipulates that any failure to comply with any condition of the release order may result in the revocation of the release order and incarceration.

[2] Appellant’s counsel advised that the appellant failed to surrender this morning because he is in prison in Somalia. He is therefore in clear breach of at least two of his release conditions which are to remain in Ontario and to surrender into custody today. In these circumstances, we are not persuaded that we should exercise our discretion and grant the adjournment of the appeal requested by the appellant. Rather, the appeal is dismissed as abandoned in accordance with the terms of the release order.

[3] As requested by the Crown, a warrant of arrest will be issued to return the appellant to custody in the form of the draft order which we hereby approve.

Signatures: “K. van Rensburg J.A.” “L.B. Roberts J.A.” “L. Favreau J.A.”