CITATION: R. v. Heeralal, 2009 ONCA 303
DATE: 20090414
DOCKET: C47626
COURT OF APPEAL FOR ONTARIO
Weiler, Gillese and Watt JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Nirmal Heeralal
Appellant
David North, for the appellant
Brian Puddington, for the respondent
Heard: April 8, 2009
On appeal from the conviction entered on June 26, 2007 and the sentence imposed on August 24, 2007, by Justice Julia A. Morneau of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
[1] In our opinion, the trial judge did not misapprehend the evidence nor did she reverse the onus of proof. There was ample evidence from which the trial judge could infer knowledge and control of the property. Just because the trial judge accepted some parts of the appellant’s evidence and rejected others does not mean that she misapprehended the evidence. The trial judge correctly applied the burden of proof. There is no basis on which we can interfere with the sentence.
[2] The appeal is dismissed.