Court of Appeal for Ontario

Date: 20190114 Docket: C63692

MacPherson, Roberts and Paciocco JJ.A.

Between

Her Majesty the Queen Respondent

and

Courtney Benjamin Appellant

Counsel: Anthony Moustacalis, for the appellant Brian Puddington and Kelvin Ramchand, for the respondent

Heard: January 8, 2019

On appeal from the conviction entered by Justice Michael Code of the Superior Court of Justice on February 3, 2017.

Reasons for Decision

[1] Three accused, Courtney Benjamin, Everald Brissett and Gary Morris, were charged with various drug related offences. Their joint trial proceeded before Code J. of the Superior Court of Justice over nine days in January 2017.

[2] At the conclusion of the trial, the trial judge convicted the appellant of possession of cocaine for the purpose of trafficking and possession of marijuana for the purpose of trafficking. Brissett was convicted of possession of cocaine for the purpose of trafficking and acquitted of possession of proceeds of crime. Morris was acquitted of possession of cocaine for the purpose of trafficking.

[3] The appellant appeals the conviction on a single ground. He contends that the trial judge erred by dismissing his Charter s. 11(b) application.

[4] The appellant’s submissions on this issue are virtually identical to those made by the appellant Brissett. The two appeals were heard together. In separate reasons, we have dismissed Brissett’s appeal. Those reasons apply to the appellant and govern the result in this appeal.

[5] It is true that there is a slight difference in the positions advanced by the appellant and Brissett. The respondent says that the net delay was 27 months; the appellant says that the proper number was 35 months. Brissett says that the proper number was 33 months.

[6] Nothing turns on this slight difference in the appellants’ positions. In Brissett, we agreed with the trial judge’s conclusion that the period of net delay was 27 months and that this period did not amount to unreasonable delay. We reach the same conclusion in this appeal.

[7] The appellant did not address the sentence he received.

[8] The appeal from conviction and sentence is dismissed.

"J.C. MacPherson J.A."

"L.B. Roberts J.A."

"David M. Paciocco J.A."