Court File and Parties

CITATION: R. v. O'Hara, 2008 ONCA 819

DATE: 20081204

DOCKET: C47694

COURT OF APPEAL FOR ONTARIO

BEFORE: Sharpe, Blair and Rouleau JJ.A.

BETWEEN:

Her Majesty The Queen Respondent

and

Gordon O’Hara Appellant

COUNSEL: A. Forbes for the appellant R. Schwartz for the respondent

HEARD: December 2, 2008

On appeal from the judgment of Justice T. Lofchik of the Superior Court of Justice dated June 21, 2006.

APPEAL BOOK ENDORSEMENT

[1] The trial judge’s ruling that there were reasonable grounds for an investigative detention did not rest upon purely “conclusory” statements attributed to a confidential source. The officer who received the confidential information explained why he considered the source and the information to be reliable and that it was corroborated by other independent knowledge which he outlined. He was not cross-examined on this evidence. Moreover, the confidential information was supported by the surveillance observation made prior to the stop. We see no error on the par of the trial judge in concluding that the detention did not violate the appellant’s ss. 8 and 9 Charter rights.

[2] We see no error in principle in the reasons for sentence, nor was the sentence demonstrably unfit. This was a serious weapons offence involving a loaded handgun and the trial judge was entitled to take into account the prevalence of this crime in the community.

[3] Appeal against conviction dismissed. Leave to appeal sentence granted but the appeal is dismissed.