Court of Appeal for Ontario

Date: 2018-02-14 Docket: C62775

Judges: MacPherson, Huscroft and Trotter JJ.A.

Between

Her Majesty the Queen Respondent

and

Robert William Buchanan Appellant

Counsel

Appellant: Robert W. Buchanan, in person Duty Counsel: Howard L. Krongold Respondent: Victoria Rivers

Heard: February 7, 2018

Appeal Information

On appeal from the conviction entered on July 25, 2016 and the sentence imposed on September 7, 2016 by Justice J.R. Henderson of the Superior Court of Justice.

Appeal Book Endorsement

[1] The appellant argues that there were no grounds to arrest him and no basis to issue a search warrant. We disagree.

[2] The trial judge properly considered the Debot criteria. There was ample basis for the arrest and issuance of the warrant based on the police surveillance evidence.

[3] The trial judge made no errors in fixing the sentence and there is no basis for concluding that there is any error in calculating pre-trial custody.

[4] The appeals from conviction and sentence are dismissed.