Court of Appeal for Ontario

Date: 2019-03-15 Docket: C66140

Judges: Watt, Hourigan and Huscroft JJ.A.

Between

Her Majesty the Queen Respondent

and

Malik Branford Appellant

Counsel

Malik Branford, acting in person Andrew Hotke, for the Attorney General for Ontario Nader Hasan, duty counsel

Heard: March 12, 2019

Appeal Information

On appeal from the conviction entered on August 3, 2018 and the sentence imposed on October 3, 2018 by Justice John R. Sproat of the Superior Court of Justice.

Appeal Book Endorsement

[1] The appellant attacks his conviction of unauthorized possession of a firearm found heavily wrapped under the bed in the bedroom occupied by the appellant. He says that the conviction is unreasonable in that the circumstantial evidence, considered cumulatively, did not satisfy the standard required by R. v. Villaroman, 2016 SCC 33, [2016] 1 S.C.R. 1000.

[2] The trial judge stated and applied the relevant legal principles. He did not misapprehend the evidence. He considered and rejected, for cogent reasons, the claim that a third party, a former co-accused, was the person in possession of the gun. In our view, this conviction is well founded and is not susceptible to a claim of unreasonableness.

[3] The appeal from conviction is dismissed.

[4] As to sentence, leave to appeal sentence is granted and the victim surcharge set aside, but the sentence appeal is otherwise dismissed.