Court of Appeal for Ontario

Date: 2018-10-25 Docket: C61181

Judges: Simmons, Juriansz and Benotto JJ.A.

Between

Her Majesty the Queen Respondent

and

Jiang Kai Ling Appellant

Counsel

Darren Sederoff, for the appellant

Megan Petrie, for the respondent

Hearing and Appeal

Heard: October 22, 2018

On appeal from the conviction and the sentence imposed on October 20, 2015, by Justice Misener of the Ontario Court of Justice, without a jury.

Appeal Book Endorsement

[1] On appeal, the appellant does not contest the finding that he was the driver of a van that neighbours saw pass a tool to the perpetrator of a daylight residential break-in. Viewed as a whole, the constellation of evidence adduced at trial amply supported the inference that the driver of the van was party to a planned break and enter of a dwelling house.

[2] The conviction appeal is dismissed. The appellant abandoned his sentence appeal in oral argument. Bail is rescinded. The intermittent sentence shall resume October 26, 2018, at 6:00 p.m. at the Toronto South Detention Centre.