Court of Appeal for Ontario

CITATION: R. v. Badesha, 2011 ONCA 601

DATE: 20110919

DOCKET: C44749

Laskin, Goudge and LaForme JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Amarpreet Badesha

Appellant

Counsel: John Collins, for the appellant Grace Choi, for the respondent

Heard: September 16, 2011

On appeal from the decision of the Summary Conviction Appeal Court dated December 23, 2005 by Justice David Corbett of the Superior Court of Justice dismissing the conviction entered on August 10, 2004 by Justice John D. Takach of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] The appellant submits that the trial judge failed to deal with the evidence corroborating the appellant’s claim that he could not communicate in the English language. We disagree. The trial judge expressly referred to this evidence.

[2] Nonetheless, the trial judge accepted the evidence of the police officers as at least equally credible, and therefore, concluded that the appellant had not met his burden.

[3] We would not consider this a case for leave, but even if we were to grant leave, we would dismiss the appeal.