COURT OF APPEAL FOR ONTARIO

DATE: 20000714

DOCKET: C33078

RE: HER MAJESTY THE QUEEN (Respondent) v. MARIOLA KOCH

(Appellant)

BEFORE: DOHERTY, ABELLA, MOLDAVER JJ.A.

COUNSEL: Keith E. Wright

For the appellant

Lisa Joyal

For the respondent

HEARD: July 13, 2000

On appeal from the conviction of Humphrey J. dated April 22, 1999.

E N D O R S E M E N T

[1] It is clear from his reasons that the trial judge was

satisfied, on a balance of probabilities, that the appellant was

eager to volunteer information about the offence in the hopes of

gaining an advantage for herself and that she would have

conducted herself in precisely the same fashion had she been

given the toll-free number. Those findings were open to the

trial judge and we see no basis for interfering with them. It

follows that the admission of the impugned statements did not

impact on trial fairness.

[2] In describing the s. 10(b) violation as “technical” as

opposed to serious, the trial judge was obviously of the view

that the breach was not wilful or deliberate and that the police

were acting in good faith. Indeed, he specifically observed that

“the conduct of the police officers certainly would not tend to

bring the administration of justice into disrepute”. We see no

basis for interfering with that finding.

[3] In the circumstances, there is no basis for concluding that

the admission of the statements would bring greater harm to the

administration of justice than would their exclusion.

[4] Accordingly, the appeal from conviction is dismissed.

“Doherty J.A.”

“R. S. Abella J.A.”

“M. J. Moldaver J.A.”