R. v. Kyriakopoulos, 2009 ONCA 803

CITATION: R. v. Kyriakopoulos, 2009 ONCA 803

DATE: 2009-11-10

DOCKET: C48480

COURT OF APPEAL FOR ONTARIO

Doherty, Cronk and Watt JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

and

Themistocles Kyriakopoulos

Appellant

Counsel:

Gregory Lafontaine, for the appellant

David Littlefield and Eric Gilman, for the respondent

Heard: November 10, 2009

On appeal from the conviction entered by Justice Newbould of the Superior Court of Justice dated January 18, 2008 and the sentence imposed on April 2, 2008.

APPEAL BOOK ENDORSEMENT

[1] The appellant advances a somewhat different argument than those found in the factum. We will assume that there was a s. 8 breach when the officer looked over the wall of the locker. We will also assume that the s. 8 breach was sufficiently connected to the obtaining of the warrant and the grounds for the appellant’s arrest to bring the evidence obtained under the warrant and incidental to the arrest within the reach of s. 24(2) based on the s. 8 breach.

[2] Given the nature of the breach and the findings of the trial judge, we see no basis upon which the evidence of the narcotics seized from the car, person of the appellant, and duffel bag, could possibly be excluded under s. 24(2). The factors identified in Grant strongly favour admission.

[3] The conviction appeal is dismissed.

[4] The sentence appeal was not pursued in oral argument. We think the sentence is fit.

[5] The sentence appeal is dismissed.