DATE: 20030624

DOCKET: C36297

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. GERALD K. CRIECE (Appellant)

BEFORE:

DOHERTY, ROSENBERG and ARMSTRONG JJ.A.

COUNSEL:

J. David Helson

for the appellant

Nadia Thomas

for the respondent

HEARD & ENDORSED:

May 30, 2003

On appeal from the conviction entered by Justice T.D. Marshall of the Superior Court of Justice on July 28, 2000 and the sentence imposed on October 4, 2000.

A P P E A L B O O K E N D O R S E M E N T

[1] We see no basis upon which to interfere with the trial judge’s conclusion that there was “articulable cause” for the initial detention.

[2] In any event, the arrest which followed immediately after the detention and preceded the search of the appellant was lawful. The evidence obtained in the search could not have been excluded under s. 24(2) even if the initial detention was unlawful.

[3] The appeal is dismissed.