Court File and Parties

CITATION: R. v. Ahmad, 2009 ONCA 425

DATE: 20090522

DOCKET: C44407

COURT OF APPEAL FOR ONTARIO

Laskin, Feldman and LaForme JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Laeeq Ahmad

Appellant

Counsel: Theodore Sarantis, for the appellant Karen Papadopoulos, for the respondent

Heard: May 21, 2009

On appeal from the conviction entered on May 24, 2005 and the sentence imposed on October 7, 2005, by Justice John F. Hamilton of the Superior Court of Justice, sitting without a jury.

APPEAL BOOK ENDORSEMENT

[1] The appellant submits that the conviction cannot stand because there was no evidence to support a finding of actual knowledge or wilful blindness. We do not accept this submission. In our view, there was sufficient evidence on the record – largely detailed at paras. 24-26 of the Crown’s factum – to support a finding of knowledge or wilful blindness.

[2] The conviction appeal is therefore dismissed.

[3] The custodial part of the sentence has been served, and therefore that aspect of the sentence appeal is moot. The Crown fairly accepts that the restitution order cannot be supported. It is set aside.

[4] Accordingly, leave to appeal sentence is granted, and the sentence appeal is allowed in part.