CITATION: R. v. Pires, 2008 ONCA 415
DATE: 20080527
DOCKET: C47271
COURT OF APPEAL FOR ONTARIO
MOLDAVER, SHARPE and BLAIR JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
And
GEORGE PIRES
Appellant
Lance C. Beechener for the appellant
Peter Scrutton for the respondent
Heard and endorsed: May 21, 2008
On appeal from the conviction entered by Justice Faye E. McWatt of the Superior Court of Justice dated March 7, 2007 and from the sentence imposed by Justice McWatt dated April 30, 2007.
APPEAL BOOK ENDORSEMENT
[1] The trial judge gave careful and considered reasons for convicting the appellant. In admitting the appellant’s final statement to the police, she was aware of the correct legal principles but found as a fact that the appellant was desperate to obtain bail and that his statement was made for that purpose, in full recognition of his legal rights. Accordingly, the trial judge found that the statement was admissible under s. 24(2) of the Charter. We see no error in her analysis or conclusion.
[2] We are also satisfied that the trial judge properly instructed herself on the need to proceed with caution before acting on the evidence of Mr. Abyad to convict the appellant. In that regard, she looked for and found confirmatory evidence both in the appellant’s statement to the police and the evidence of Mrs. Abyad. In our view, the trial judge made no error in her approach, nor in relying upon the aforementioned evidence in finding that she could safely act on Mr. Abyad’s evidence to convict the appellant.
[3] For these reasons, the appeal for conviction fails.
[4] With respect to sentence, the appellant concedes that the sentence imposed by the trial judge was fit. We agree. He submits however that he should be given credit for time spent on bail under strict conditions. We see no merit in this submission, particularly in view of the fact that he was arrested for trafficking in drugs while on release.
[5] Leave to appeal sentence is denied.