DATE: 20030411

DOCKET: C37849

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) v. DANIEL THIBEAULT (Appellant)

BEFORE: DOHERTY, WEILER and LASKIN JJ.A.

COUNSEL: Nicholas A. Xynnis for the appellant

Andrew Sabbadini for the respondent

HEARD: April 8, 2003

On appeal from the conviction entered by Justice R. Riopelle on January 11, 2002 and the sentence imposed on March 1, 2002.

APPEAL BOOK E N D O R S E M E N T

[1] The trial judge considered the “totality of the circumstances” in deciding that the officer had reasonable grounds for the arrest of the appellant.

[2] We see no error in his analysis of the evidence and do not accept the submission that the trial judge’s assessment of those factors was unreasonable.

[3] We agree with the trial judge that the fact that the informant did not reveal the source of his information to the officer does not preclude a finding that reasonable grounds were established on the totality of the circumstances. The informant’s source of his information is but one factor which must be considered as part of the “totality of the circumstances”.

[4] There is no error in principle in the imposition of consecutive sentences. The total sentence (14 months) is fit. We would not alter the sentence.

[5] The appeals are dismissed.