Court File and Parties

CITATION: R. v. Mediouni, 2009 ONCA 263

DATE: 20090327

DOCKET: C48556

COURT OF APPEAL FOR ONTARIO

Goudge, Cronk and LaForme JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

and

Sami Mediouni

Appellant

Counsel:

Phil Downes, for the appellant

Michelle Campbell, for the respondent

Heard and endorsed: March 23, 2009

On appeal from the conviction entered by Justice D. Stone of the Ontario Court of Justice dated February 13, 2008.

APPEAL BOOK ENDORSEMENT

[1] The appellant’s primary argument is that the trial judge’s rejection of his evidence was based on a misapprehension of that evidence. We are unable to agree with this submission.

[2] First, the trial judge found that, in his testimony, the appellant dressed up his description of his criminal record describing it in more benign terms than, in fact, was the case. In our view that finding is supported by the transcript. It was this, rather than the old offence itself, that contributed to the trial judge’s conclusion about the appellant’s credibility.

[3] Second, the trial judge found that the appellant was not candid in giving the reason that he phoned his mother. Here, too, we read the transcript as capable of supporting the trial judge’s finding. The appellant testified that he called his mother in order to see that she was alright, and persisted in this even though the tape of his police interview had him saying that he did so because his mother would know what lawyer he could call.

[4] Together, these findings provide ample basis for the trial judge to disbelieve the appellant.

[5] Given this conclusion, and his acceptance of Mr. Morrison’s evidence, the trial judge’s factual findings concerning knowledge and control of the scales, the cocaine residue and the guns were all findings that were opened to him on this record, and we would not interfere.

[6] The appeal must be dismissed.