R. v. Nazim, 2010 ONCA 475

CITATION: R. v. Nazim, 2010 ONCA 475

DATE: 20100630

DOCKET: C49257

COURT OF APPEAL FOR ONTARIO

Laskin, MacPherson and Simmons JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Mohammed Shahid Nazim

Appellant

Michael Dineen, for the appellant

Karen Papadopoulos, for the respondent

Heard: June 30, 2010

On appeal from the conviction entered on June 30, 2008 and the sentence imposed on October 14, 2008 by Justice David A. Fairgrieve of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] On his conviction appeal, the appellant complains about the trial judge’s failure to deal with the complainant’s evidence that the appellant asked her to stay the night. In our view, that evidence was entirely peripheral to the issues in the case, and the trial judge was not obliged to deal with it.

[2] The appellant also challenged the trial judge’s finding that the appellant was in a position of trust. In our view, the trial judge’s finding is supported by the evidence referred to at para. 49 of his reasons.

[3] On his sentence appeal, the appellant seeks an intermittent sentence. The trial judge imposed the minimum sentence, 45 days, but refused to make it intermittent. We see no reason to interfere with this sentence.

[4] Accordingly, the conviction appeal is dismissed, and although leave to appeal sentence is granted, the sentence appeal is also dismissed.