COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) –and– GURMIT S. MANKOO (Appellant)

BEFORE: FINLAYSON, DOHERTY and O’CONNOR JJ.A.

COUNSEL: Suvendu Goswami, for the appellant

J. Sandy Tse, for the respondent

HEARD: May 25, 2000

On appeal from the conviction imposed by Matheson J. dated October 7, 1998 and from the sentence imposed by Matheson J. dated February 4, 1999.

E N D O R S E M E N T

[1] The appellant pleaded guilty to possession of counterfeit American Travellers Cheques, forged identification and embossing plates capable of producing more counterfeit cheques and identification papers. These articles were found in his vehicle upon his re-entry into Canada at Buffalo. On his conviction appeal he sought to have his plea withdrawn.

[2] The affidavit of the appellant’s trial lawyer submitted by the Crown, which we accept, is very clear that the appellant’s plea of guilty was a fully informed and voluntary acknowledgement of his guilt in the face of an overwhelming case for the Crown. We will not permit him to withdraw the plea. The appeal against conviction is dismissed.

[3] The appellant asked at trial for a conditional sentence. The appellant was a courier of counterfeit currency that exceeded $300,000 as well as plates capable of providing additional counterfeit currency and international passports. He had a prior criminal record and was on probation at the time of the offence in question.

[4] We can see no error in principle in the trial judge’s decision to impose a custodial term of twenty-three-and-a-half months. We agree that a conditional sentence was not appropriate.

[5] Leave to appeal sentence is granted but the appeal is dismissed.

Signed: “G.D. Finlayson J.A.”

“Doherty J.A.”

“D. O’Connor J.A.”