Court File and Parties

CITATION: R. v. Anantharajah, 2011 ONCA 450

DATE: 20110610

DOCKET: C52723

COURT OF APPEAL FOR ONTARIO

Doherty, Juriansz and Epstein JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Premananth Anantharajah

Appellant

Counsel: Gordon Cudjoe, for appellant Gavin MacDonald, for the respondent

Heard: June 10, 2011

On appeal from the conviction entered by Justice D. Hackett, of the Ontario Court of Justice dated July 29, 2010 and the sentence imposed dated September 20, 2010.

APPEAL BOOK ENDORSEMENT

[1] The admissibility of the statement turned on credibility assessment and findings of fact. The law is not in dispute. The trial judge’s findings are reasonable and reveal no misapprehension of the material evidence. We cannot interfere. The conviction appeal must be dismissed.

[2] The sentence imposed was not unfit. Given the nature of the offence, a jail term was appropriate. Nine months was within the range.

[3] The appeal is dismissed.