Court File and Parties

CITATION: R. v. Jesuthasan, 2008 ONCA 722

DATE: 20081023

DOCKET: C47547

COURT OF APPEAL FOR ONTARIO

Winkler C.J.O., Sharpe and Juriansz JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

And

Micnewin Jesuthasan

Appellant

Counsel:

R. Lepore, for the appellant

R. Gattrell, for the respondent

Heard: October 9, 2008

On appeal from the conviction entered on June 26, 2007, and the sentence imposed on July 12, 2007, by Justice Rose Boyko of the Superior Court of Justice, sitting without a jury.

APPEAL BOOK ENDORSEMENT

[1] This is an appeal as to conviction and sentence.

[2] The appeal as to conviction is based on alleged errors by the trial judge as to identification of the appellant. We reject this argument. There was ample evidence to support each of the trial judge’s careful findings. The appeal as to conviction fails.

[3] The appeal as to sentence is primarily based on the assertion that the trial judge erred in not granting a conditional sentence. We disagree. The trial judge carefully considered all of the appellant’s submissions and rejected them. The appellant had a long criminal record unlike the other accomplices and was the leader of this sophisticated crime.

[4] Leave to appeal is granted and the appeal as to sentence is dismissed.