CITATION: R. v. Benipal, 2010 ONCA 496

DATE: 20100709

DOCKET: C50573

COURT OF APPEAL FOR ONTARIO

Moldaver, Simmons and Juriansz JJ.A.

BETWEEN:

Her Majesty The Queen

Respondent

and

Jagdeep Singh Benipal

Appellant

Mark Halfyard, for the appellant

Tom Lemon, for the respondent

Heard and endorsed: July 8, 2010

On appeal from conviction by Justice Katherine van Rensburg of the Superior Court of Justice dated March 27, 2009.

APPEAL BOOK ENDORSEMENT

[1] We see no error in the trial judge’s reasons. In particular, we reject the appellant’s submission that the trial judge misapprehended material evidence. The trial judge approached the appellant’s evidence from a common sense perspective. In the end, she found that many parts of his story made little or no sense and were incredible.

[2] The arguments raised by the appellant essentially call on us to revisit the trial judge’s findings and replace them with our own. That is not our function.

[3] Accordingly, the appeal from conviction is dismissed.