Court of Appeal for Ontario

CITATION: R. v. Arnaout, 2015 ONCA 714

DATE: 2015-10-26

DOCKET: C56021

BEFORE: LaForme, Watt and Epstein JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Adel Mohamed Arnaout

Appellant

COUNSEL:

David E. Harris, for the appellant

John Neander, for the respondent

HEARD: March 26, 2015

On appeal from the convictions entered on June 25, 2010, and from the sentence imposed on March 7, 2012 by Justice Todd Ducharme of the Superior Court of Justice, sitting without a jury.

ADDENDUM

[1] This court released its judgment in this appeal on September 30, 2015. Counsel for the appellant wrote to the court the same day, noting that the reasons did not specifically dispose of count 7 — possession of an explosive substance — on which the appellant had been convicted. Counsel for the appellant indicated in his post-hearing submissions that, the only argument advanced on appeal that could have led to the setting aside of this conviction was that the rebuttal of the presumption of integrity ought to lead to all of the convictions being set aside and a new trial ordered. Since the court rejected this argument, counsel for both the appellant and the respondent presume that the conviction on count 7 stands. We agree with this assessment. Accordingly, the appeal from conviction on count 7 is dismissed.

“H.S. LaForme J.A.”

"David Watt J.A."

"Gloria Epstein J.A."