Court of Appeal for Ontario

Citation: R. v. Dhami, 2016 ONCA 632 Date: 2016-08-17 Docket: C58707

Before: Doherty, van Rensburg and Roberts JJ.A.

Between:

Her Majesty the Queen Respondent

and

Opneet Dhami Appellant

Counsel: Gregory Lafontaine, for the appellant John Neander, for the respondent

Heard: August 17, 2016

On appeal from the conviction entered by Justice S. Clark of the Ontario Court of Justice, dated October 29, 2013.

Appeal Book Endorsement

[1] The fresh evidence is not admissible. It adds nothing to the effect of the evidence elicited in cross-examination at trial and was available through the exercise of due diligence at trial.

[2] We do not agree that the trial judge misapprehended the evidence. He clearly understood that the complainant had gone to the immigration authorities after she went to the police. The trial judge rejected the argument that she was, however, motivated to lie about the allegations to get the appellant deported. On the trial judge’s findings, she wanted the appellant deported because he had used her to get into the country and then abused her once he was in the country. The trial judge found her only “agenda” was to tell the truth. The trial judge explained why he came to that conclusion. We cannot interfere with his finding.

[3] The appeal is dismissed.