Court of Appeal for Ontario

Citation: R. v. Okafor, 2009 ONCA 693

Date: 20091001

Docket: C47238

Before: Moldaver, Feldman and Lang JJ.A.

Between

Her Majesty the Queen

Respondent

and

Anthony Okafor

Appellant

Counsel: Anthony Okafor, appearing in person Daniel Stein, duty counsel Greg Skerkowski, for the respondent

Heard and released orally: September 15, 2009

On appeal from: The judgment of Justice J.A. Ramsay of the Superior Court of Justice dated May 14, 2007.

APPEAL BOOK ENDORSEMENT

[1] For reasons released in respect of companion appeal C47723, we find it unnecessary to decide the Rowbotham issue raised in this appeal. Accordingly, the appeal is dismissed. It will of course, be open to the appellant to seek a Rowbotham order for his new trial. The outcome of that application, if brought, will be for the presiding judge based on the material filed and arguments made.

"M. J. Moldaver J.A."

"K. Feldman J.A."

"S.E. Lang J.A."