COURT OF APPEAL FOR ONTARIO

DATE: 20001103

DOCKET: C33606

RE: HER MAJESTY THE QUEEN (Respondent)

v. PRINCE ODION IGBINEDION (Applicant/Appellant)

BEFORE: McMurtry C.J.O., Charron and MacPherson JJ.A.

COUNSEL:

Daniel Stein

For the appellant

Laura Hodgson

For the respondent

HEARD: October 31, 2000

On appeal from the conviction and sentence imposed by Justice Linda M. Walters, sitting as a summary conviction appeal court on December 1, 1999.

E N D O R S E M E N T

[1] This is an appeal from conviction and sentence imposed by Walters J., sitting as a summary conviction appeal court. The appellant was convicted of three counts of fraud under $5,000. The appellant advances three arguments.

[2] His jurisdictional argument is that the original trial could not proceed as a summary conviction trial even with the consent of the Crown and counsel for the accused. We disagree. Section 786 (2) of the Criminal Code is a procedural section and permitted the trial judge to proceed in precisely the fashion counsel for the accused sought. No jurisdictional arose on the facts of this case. The information remained valid and the trial court had jurisdiction to try this matter whether it proceeded by indictment or by summary conviction.

[3] On the conviction appeal, there was sufficient evidence to support the findings of guilt on the three counts in the indictment affirmed by the summary conviction appeal court judge.

[4] Finally, we think that the sentence imposed by the summary conviction appeal court judge was a fit sentence.

[5] Accordingly, the appeal from conviction is dismissed. Leave to appeal sentence is granted and the appeal from sentence is dismissed.

(signed) “R. McMurtry C.J.O.”

(signed) “L. Charron J.A.”

(signed) “J.C. MacPherson J.A.”