R. v. Ghorashi

R. v. Ghorashi Collection Decisions of the Court of Appeal Date 2016-09-12 Neutral citation 2016 ONCA 664 Docket numbers C60098 Judges MacPherson, James C.; Pepall, Sarah E.; Pardu, Gladys I. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Ghorashi, 2016 ONCA 664 DATE: 20160908 DOCKET: C60098 MacPherson, Pepall and Pardu JJ.A. BETWEEN Her Majesty the Queen Respondent and Fakhrolsadat Ghorashi Appellant Fakhrolsadat Ghorashi, in person Yoni S. Rahamin, duty counsel Hannah Freeman, for the respondent Heard: September 6, 2016 On appeal from the conviction entered on October 30, 2014 and the sentence imposed on February 10, 2015 by Justice D. Grace of the Superior Court of Justice, sitting without a jury. APPEAL BOOK ENDORSEMENT [1] The appellant was convicted of operating a motor vehicle in a manner dangerous to the public thereby causing bodily harm. She received a one month sentence. She appeals from conviction and sentence. [2] The trial judge was able to rely on a video camera that recorded what occurred in the taxi and on two eye witnesses. He concluded that on three occasions, the taxi was set in motion by the appellant despite the fact that the rear door was open, the victim was sitting just inside with no seatbelt, and was in a drunken state. He found that the appellant knew the victim was trying to exit as the appellant drove away and that her actions caused the victim to lose her balance, fall and sustain the injuries depicted in the photographs introduced into evidence. [3] The record fully supported these factual findings. [4] The trial judge made no legal error. He did not misapprehend the evidence and clearly considered the manner of the appellant’s driving. [5] Before this court, the appellant did not press the request for leave to appeal sentence but in any event the sentence was fit. [6] The appeal of her conviction is dismissed. Leave to appeal sentence is granted but the sentence appeal is dismissed.