Court of Appeal for Ontario

Citation: R. v. Kaneswaran, 2012 ONCA 69

Date: 2012-02-01

Docket: C53857

Before: Weiler, Sharpe and Blair JJ.A.

Between:

Her Majesty the Queen Respondent

and

Sugashan Kaneswaran Appellant

Counsel:

David M. Midanik, for the appellant

Catherine Mullaly, for the respondent

Heard and released orally: January 30, 2012

On appeal from the conviction entered on March 29, 2011 by Justice Stephen Foster of the Ontario Court of Justice.

ENDORSEMENT

[1] The appellant was convicted of possession of a restricted firearm with ammunition contrary to s. 95(1) of the Criminal Code. He argues that the verdict is unreasonable.

[2] The trial judge’s reasons are logically consistent and reasonably supported by the totality of the evidence including the time which was 3 a.m., the presence of latex gloves in proximity to the driver and the fact that the gun under the front passenger seat was not hidden. The inference that the appellant knew that there was a gun in the car that he was driving was one that a reasonable trier of fact could draw.

[3] The appeal is therefore dismissed.

“Karen M. Weiler J.A.”

“Robert J. Sharpe J.A.”

“R.A. Blair J.A.”