R. v. El-Hamdi
The court allowed the conviction and sentence appeals in respect of the personation offence solely on the basis of fresh evidence and substituted an absolute discharge; the conviction and sentence appeals relating to attempt fraud and assault peace officer were dismissed on consent.
Source-derived case information.
- Citation
- 2009 ONCA 129
- Parties
- Respondent: Her Majesty the Queen; Appellant: Amor El-Hamdi
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 11 February 2009
- Procedural Posture
- Criminal / Appeal From Conviction and Sentence
- Outcome
- Conviction and sentence appeals allowed for personation (replaced by absolute discharge); conviction and sentence appeals dismissed in relation to attempt fraud and assault peace officer.
- Legal Topics
- Appeal, Fresh Evidence, Conviction, Sentence, Personation, Attempt Fraud, Assault Peace Officer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Amor El-Hamdi
Appellant
Procedural Posture
Criminal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether fresh evidence justified overturning the personation conviction and sentence
- 2 Whether conviction and sentence appeals for attempt fraud and assault peace officer should be dismissed on consent
Ratio Decidendi
The court allowed the conviction and sentence appeals in respect of the personation offence solely on the basis of fresh evidence and substituted an absolute discharge; the conviction and sentence appeals relating to attempt fraud and assault peace officer were dismissed on consent.
Court Disposition
Conviction and sentence appeals allowed for personation (replaced by absolute discharge); conviction and sentence appeals dismissed in relation to attempt fraud and assault peace officer.
Orders
- Conviction appeal dismissed in relation to attempt fraud and assault peace officer
- Sentence appeal dismissed in relation to attempt fraud and assault peace officer
Full Case Text
Judgment text and source record
1 paragraphs
R. v. El-Hamdi Collection Decisions of the Court of Appeal Date 2009-02-11 Neutral citation 2009 ONCA 129 Docket numbers C48792 Judges Feldman, Kathryn N.; MacPherson, James C.; Armstrong, Robert Patrick Subject Criminal Decision Content CITATION: R. v. El-Hamdi, 2009 ONCA 129 DATE: 20090209 DOCKET: C48792 COURT OF APPEAL FOR ONTARIO Feldman, MacPherson and Armstrong JJ.A. BETWEEN: Her Majesty the Queen Respondent and Amor El-Hamdi Appellant Nicholas A. Xynnis, for the appellant K. Papadopoulos, for the respondent Heard: February 9, 2009 On appeal from the conviction entered on March 27, 2003, and the sentence imposed on May 15, 2003 by Justice Susanne R. Goodman of the Superior Court of Justice. APPEAL BOOK ENDORSEMENT [1] On consent, the conviction appeal is dismissed in relation to the offences of attempt fraud and assault peace officer. The sentence appeal with respect to attempt fraud and assault peace officer is dismissed. [2] On the basis of fresh evidence only, the conviction and sentence appeals in respect of the personation offence are allowed and replaced by an absolute discharge.