Court File and Parties

CITATION: R. v. Finlan, 2009 ONCA 203

DATE: 20090304

DOCKET: C47311

COURT OF APPEAL FOR ONTARIO

Laskin, Blair and Watt JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

John Edward Finlan

Appellant

Counsel: John Edward Finlan, acting in person Robert Gattrell, for the respondent

Heard: March 3, 2009

On appeal from the conviction entered on March 21, 2007, and the sentence imposed on June 27, 2007 by Justice L.C. Templeton of the Superior Court of Justice, sitting with a jury.

APPEAL BOOK ENDORSEMENT

[1] On his conviction appeal, the appellant makes two submissions. First, he argues that the trial judge erred in her interpretation of the phrase “known to the police”. We disagree. In our view, the trial judge’s interpretation was reasonable.

[2] Second, the appellant argues that the trial judge erred in failing to rule on his stay application at the end of the Crown’s case. Again, we disagree. In our view, the trial judge properly exercised her discretion in ruling on the stay at the end of the trial. The appellant was not prejudiced by the timing of the ruling. He knew the case to be met. Accordingly, the appeal from conviction is dismissed.

[3] On the sentence appeal, we are satisfied that the sentence imposed by the trial judge is fit. Accordingly, although leave to appeal sentence is granted, the appeal is dismissed.