DATE: 20060504

DOCKET: C44394

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – JOSE BACARDI (Appellant)

BEFORE:

GOUDGE, GILLESE AND LAFORME JJ.A.

COUNSEL:

Paul Slocombe

for the appellant

Shawn Porter

for the respondent

HEARD & ENDORSED:

May 2, 2006

On appeal from the conviction entered by Justice C. Mocha of the Superior Court of Justice dated April 29, 2004.

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

[1] In our view the evidence is clear that the officer formed his reasonable suspicion and then made his demand immediately. Section 254(2) was complied with. The appeal is dismissed.