Court of Appeal for Ontario

Date: 2019-01-29 Docket: C65132

Judges: Simmons, Lauwers and Trotter JJ.A.

Between

Her Majesty the Queen Respondent

and

Zaheer Ahmad Appellant

Counsel

Zaheer Ahmad, in person

Andrew Hotke, for the respondent

Hearing and Release

Heard and released orally: January 14, 2019

On appeal from: The conviction entered on October 17, 2017, and the sentence imposed on November 28, 2017, by Justice C. Brown of the Superior Court of Justice, sitting without a jury.

Oral Endorsement

[1] The appellant was convicted of criminal harassment through repeated communications to the complainant. He was sentenced to two years less one day imprisonment, less 19 months' credit for pre-sentence custody leaving a remnant custodial sentence of 5 months less one day, plus three years' probation. The appellant was also ordered to pay $1,423.80 as restitution to the complainant to compensate her for days of work lost due to attending court.

[2] The appellant appeals against conviction and sentence. At the opening of the appeal hearing, we denied the appellant's adjournment request. At the last date on which this matter was spoken to, it was ordered to proceed on this date. In his submissions on his conviction appeal, the appellant failed to identify any reversible error by the trial judge. The trial judge applied the proper legal test and gave thorough reasons for conviction. The conviction appeal is, therefore, dismissed.

[3] The custodial portion of the sentence has now been served. The Crown concedes that the restitution order should be struck out if, for no other reason than that the trial judge failed to consider the ability to pay and that the appellant did not have the ability to pay. The sentence appeal is allowed to the extent of setting aside the restitution order but is otherwise dismissed.

"Janet Simmons J.A."

"P. Lauwers J.A."

"G.T. Trotter J.A."