Court of Appeal for Ontario

CITATION: R. v. Akalu, 2011 ONCA 438

DATE: 20110607

DOCKET: C51535

Before: Laskin, Gillese, Karakatsanis JJ.A.

BETWEEN

Her Majesty The Queen

Respondent

and

Toni Akalu

Appellant

Counsel: Christopher Biscoe, for the appellant Andrea Baiasu, for the respondent

Heard: June 6, 2011

On appeal from the judgment of Justice Bonnie Wein of the Superior Court of Justice dated January 19, 2009.

APPEAL BOOK ENDORSEMENT

[1] The appellant appeals his conviction on the basis that the verdict is unreasonable. He relies on Mr. Lee’s unreliable bookkeeping. However, as the Crown’s factum makes clear, Mr. Lee’s bookkeeping is irrelevant to the finding of fraud. In convicting the appellant, the trial judge was entitled to rely on the evidence of Ms. Nicoletti. In the light of her evidence and the defence’s admission that the appellant received the money in question from the joint venture, the verdict of guilt is amply supported by the evidence.

[2] The appeal is dismissed.