Court of Appeal for Ontario

Citation: R. v. Fijalkowski, 2012 ONCA 346

Date: 20120523

Docket: C54083

Before: Goudge, Gillese and Ducharme JJ.A.

Between

Her Majesty the Queen

Respondent

and

Christopher Fijalkowski

Appellant

Counsel: Stuart W. Konyer, for the appellant Michael Bernstein, for the respondent

Heard: May 22, 2012

On appeal from the conviction entered on February 16, 2011 and the sentence imposed on April 27, 2011 by Justice Robert Graydon of the Ontario Court of Justice, sitting without a jury.

APPEAL BOOK ENDORSEMENT

[1] The appellant concedes that the trial judge correctly stated the relevant law and that to succeed on this appeal he must show that no reasonable trier could have come to this conclusion.

[2] In our view the trial judge had ample evidence to reasonably sustain his conclusion and to convict. The circumstances leading up to the phone call and the clear language the appellant used with the undercover officer are ample testament to that. The conviction appeal fails.

[3] As to sentence, this offender, although young and from a troubled background, was serving an eight-year penitentiary term and had a substantial prior record. This was a serious offence and related to a police officer doing his job. We find this sentence within the appropriate range.

[4] The conviction appeal and sentence appeal must both therefore be dismissed.