DATE: 20030411

DOCKET: C35868

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) v. GARY BECKFORD (Applicant/Appellant)

BEFORE: DOHERTY, WEILER and LASKIN JJ.A.

COUNSEL: Victor Giourgas for the appellant

Beverly J. Wilton for the respondent

HEARD: April 8, 2003

On appeal from the conviction entered by Justice Lucien A. Beaulieu on June 7, 2000 and the conviction imposed on June 21, 2000.

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

[1] The appeal from sentence is dismissed as an abandoned appeal.

[2] After a detailed review of the evidence and the relevant authorities, the trial judge concluded that the appellant was not detained. Absent a detention, the appellant’s rights under s. 10 of the Charter were not engaged.

[3] The trial judge’s findings of fact are fully justified on the evidence and we have been offered no basis upon which we can interfere with those findings. We note that the appellant did not testify on the voir dire.

[4] An application of the controlling jurisprudence (e.g. R. v. Grafe (1987), 36 C.C.C. (3d) (Ont. C.A.)) to those facts, the trial judge correctly concluded that the appellant was not detained while he spoke to the officers on the street.

[5] The trial judge’s finding that the appellant was not detained stands. The Charter challenge to the admissibility of the identification evidence was properly rejected.

[6] The conviction appeal is dismissed.