Court of Appeal for Ontario

Date: 2019-02-20

Docket: C62882 and C63354

Judges: MacPherson, Sharpe and Tulloch JJ.A.

Between

Her Majesty the Queen Respondent

and

Yohannes Berhe Appellant

Counsel

Yohannes Berhe, acting in person

Andrew Hotke, for the respondent

Hearing

Heard: February 11, 2019

Background

On appeal from the decision of the Summary Convictions Appeal Court dated October 24, 2016 by Justice Suhail A.Q. Akhtar of the Superior Court of Justice, dismissing the appeal from the conviction entered on October 15, 2015 by Justice Cathy Mocha of the Ontario Court of Justice.

Appeal Book Endorsement

[1] The appellant contends that the trial judge erred with respect to his alibi evidence and the identity evidence of a Crown witness. He also says that the trial judge erred by not holding a voir dire on an issue. On these and other issues, we agree with the reasons of the trial judge and the summary conviction appeal judge.

[2] Accordingly, we refuse to grant leave to appeal.