R. v. Arnaout
The court rejected the appellant's argument that the presumption of integrity was rebutted and therefore dismissed the appeal from conviction on count 7, leaving that conviction standing.
Source-derived case information.
- Citation
- 2015 ONCA 714
- Parties
- Respondent: Her Majesty the Queen; Appellant: Adel Mohamed Arnaout
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 26 October 2015
- Procedural Posture
- Criminal / Appeal (court of Appeal Addendum Confirming Disposition)
- Outcome
- Appeal from conviction on count 7 dismissed; conviction on count 7 stands.
- Legal Topics
- Possession of Explosive Substance, Presumption of Integrity, Rebuttal of Presumption, Appeal From Conviction, New Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Adel Mohamed Arnaout
Appellant
Procedural Posture
Criminal / Appeal (court of Appeal Addendum Confirming Disposition)
Legal Issues
- 1 Whether the conviction on count 7 (possession of an explosive substance) remains standing
- 2 Whether rebuttal of the presumption of integrity required setting aside all convictions and ordering a new trial
Ratio Decidendi
The court rejected the appellant's argument that the presumption of integrity was rebutted and therefore dismissed the appeal from conviction on count 7, leaving that conviction standing.
Court Disposition
Appeal from conviction on count 7 dismissed; conviction on count 7 stands.
Orders
- Appeal from conviction on count 7 dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Arnaout Collection Decisions of the Court of Appeal Date 2015-10-26 Neutral citation 2015 ONCA 714 Docket numbers C56021 Judges LaForme, Harry Smith; Watt, David; Epstein, Gloria Jean Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Arnaout, 2015 ONCA 714 DATE: 20151026 DOCKET: C56021 LaForme, Watt and Epstein JJ.A. BETWEEN Her Majesty the Queen Respondent and Adel Mohamed Arnaout Appellant David E. Harris, for the appellant John Neander, for the respondent Heard: March 26, 2015 On appeal from the convictions entered on June 25, 2010, and from the sentence imposed on March 7, 2012 by Justice Todd Ducharme of the Superior Court of Justice, sitting without a jury. ADDENDUM [1] This court released its judgment in this appeal on September 30, 2015. Counsel for the appellant wrote to the court the same day, noting that the reasons did not specifically dispose of count 7 possession of an explosive substance on which the appellant had been convicted. Counsel for the appellant indicated in his post-hearing submissions that, the only argument advanced on appeal that could have led to the setting aside of this conviction was that the rebuttal of the presumption of integrity ought to lead to all of the convictions being set aside and a new trial ordered. Since the court rejected this argument, counsel for both the appellant and the respondent presume that the conviction on count 7 stands. We agree with this assessment. Accordingly, the appeal from conviction on count 7 is dismissed. “H.S. LaForme J.A.” "David Watt J.A." "Gloria Epstein J.A."