Court of Appeal for Ontario

Date: 2018-07-18 Docket: C63178

Judges: Benotto, Trotter and Paciocco JJ.A.

Between

Her Majesty the Queen Respondent

and

Bernard Roger Momprevil Appellant

Counsel

Bernard Momprevil, self-represented Ingrid Grant, duty counsel Lorna Bolton, for the respondent

Heard: July 11, 2018

On appeal from the conviction entered on December 16, 2016 and the sentence imposed on March 2, 2017 by Justice Julie Bourgeois of the Ontario Court of Justice.

Appeal Book Endorsement

[1] The appellant was convicted of criminal harassment of a former girlfriend and sentenced to 14 months imprisonment in addition to the 209 days of pre-trial custody credited at 1.5 followed by three years' probation.

[2] He submits that the trial judge erred in her credibility analysis and in not staying the charges post-conviction as a result of alleged Charter breaches.

[3] We see no error of law or misapprehension of fact with respect to the trial judge's reasons at trial or on the stay application such that would warrant appellate intervention.

[4] Likewise the sentence was not unfit, and the reasons disclosed no error in principle.

[5] The appeal as to conviction and sentence is dismissed.