Court of Appeal for Ontario
Date: 2018-09-24
Docket: C61533
Judges: Pepall, Lauwers and Fairburn JJ.A.
Between
Her Majesty the Queen Respondent
and
Mikhael Yaghob Appellant
Counsel
For the Appellant: Louis P. Strezos, Sherif M. Foda and Kaleigh D. Davidson
For the Respondent: Lisa Mathews
Hearing and Appeal
Heard: September 21, 2018
On appeal from: The conviction entered on August 20, 2015 and the sentence imposed on January 7, 2016 by Justice Beverly A. Brown of the Ontario Court of Justice.
Reasons for Decision
[1] We approve the substance of the joint submissions of the appellant and the Crown and make the following order:
The appeal from the conviction of one count of possession of oxycodone for the purposes of trafficking contrary to s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19 ("CDSA") is granted;
A conviction for one count of possession of oxycodone contrary to s. 4(1) of the CDSA is substituted;
The appeal from the conviction of one count of possession of cocaine contrary to s. 4(1) of the CDSA is dismissed; and,
Leave to appeal sentence is granted and a sentence of time served is substituted.
S.E. Pepall J.A.
P. Lauwers J.A.
Fairburn J.A.