COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Grewal, 2013 ONCA 291

DATE: 20130501

DOCKET: C55959

Doherty, Laskin and LaForme JJ.A.

Her Majesty the Queen

Respondent

and

Shubhdeep Grewal

Appellant

Lakhwinder Sandhu, for the appellant

Peter Scrutton, for the respondent

Heard: May 1, 2013

On appeal from the conviction entered by Justice Ian B. Cowan, of the Ontario Court of Justice, dated June 12, 2012.

APPEAL BOOK ENDORSEMENT

[1] We think the evidence on the theft charges was overwhelming. We are also satisfied that there was a basis upon which the trial judge could infer the requisite knowledge as to the contents of the trailer. We see no error in the trial judge’s reasons.

[2] We are, however, satisfied that the trial judge should have “Kienappled” the conviction on the possession charge relating to the truck (count 4) given the conviction on the charge of theft of the same truck (count 1). Count 4 should be stayed. Consequently, the appeal is allowed to that extent. The sentence on count 4 is set aside reducing the total fine by $1,250.