COURT OF APPEAL FOR ONTARIO

DATE: 20061003

DOCKET: C45351

RE: HER MAJESTY THE QUEEN (Respondent) – and – SAYEED ABDULLAH (Applicant/Appellant)

BEFORE: MACPHERSON, LANG & MACFARLAND JJ.A.

COUNSEL: Robert Sheppard for the appellant

Roger A. Pinnock for the respondent

HEARD & ENDORSED: October 2, 2006

On appeal from the conviction entered and sentence imposed on December 8, 2005 by Justice Peter B. Hockin of the Superior Court of Justice, sitting without a jury.

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

[1] The trial judge in this case carefully considered the various factors relating to whether the object used in the convenience store robbery was a handgun. He reviewed the evidence about the object, the evidence of the store clerk, and the actions of the person holding the object. He also had the advantage of a video surveillance tape which he watched six times. He concluded that the object was a handgun or a firearm. In our view, there is no basis for rejecting this conclusion.

[2] The conviction appeal is dismissed. It follows that the sentence appeal must also be dismissed. The appellant received only the statutory minimum sentence for the offence with which he was charged.