Court of Appeal for Ontario

Citation: R. v. Abubakar, 2012 ONCA 145

Date: 2012-03-07

Docket: C53031

Judges: Goudge, MacPherson and Juriansz JJ.A.

Between:

Her Majesty the Queen Respondent

and

Mohummud Ali Abubakar Appellant

Counsel: Howard L. Krongold, for the appellant Marie Comiskey, for the respondent

Heard: February 29, 2012

On appeal from the conviction entered on May 5, 2010 and the sentence imposed on November 10, 2010 by Justice J.F. Reginald Levesque of the Ontario Court of Justice, sitting without a jury.

APPEAL BOOK ENDORSEMENT

[1] We agree with the joint position of the appellant and the Crown that the conviction on count one must be set aside and a new trial held. So ordered.

[2] The Crown also concedes that the sentence of 18 months incarceration for the two remaining convictions is unfit and it is up to this court to impose the appropriate sentence.

[3] In our view the appropriate sentence is a conditional sentence of 18 months on terms filed, taking into account the amounts involved, the appellant’s background and his current situation. He is well employed, supports his mother and has stayed out of trouble while on bail pending appeal. The remaining terms of the sentence imposed below remains except for the probation conditions.