R. v. Kamateh
The conspiracy to traffic conviction was set aside and substituted with a verdict of acquittal following the Crown's concession; the trafficking convictions were upheld because the identification evidence was overwhelming; the sentence was reduced to time served (14 months) to reflect the acquittal.
Source-derived case information.
- Citation
- C37819
- Parties
- Appellant: Fansu Kamateh; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 9 March 2004
- Procedural Posture
- Criminal / Court of Appeal Decision on Appeal From Trial Conviction
- Outcome
- Appeal allowed in part: conspiracy conviction overturned; trafficking convictions affirmed; sentence reduced to time served (14 months).
- Legal Topics
- Conspiracy to Traffic, Trafficking, Identification Evidence, Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fansu Kamateh
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal / Court of Appeal Decision on Appeal From Trial Conviction
Legal Issues
- 1 Whether the conviction for conspiracy to traffic should be upheld
- 2 Whether the two trafficking convictions are safe given the identification evidence
- 3 Whether the sentence should be varied in light of any alteration to convictions
Ratio Decidendi
The conspiracy to traffic conviction was set aside and substituted with a verdict of acquittal following the Crown's concession; the trafficking convictions were upheld because the identification evidence was overwhelming; the sentence was reduced to time served (14 months) to reflect the acquittal.
Court Disposition
Appeal allowed in part: conspiracy conviction overturned; trafficking convictions affirmed; sentence reduced to time served (14 months).
Orders
- Leave to appeal sentence granted
- Appeal allowed in part
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Kamateh Collection Decisions of the Court of Appeal Date 2004-03-09 Docket numbers C37819 Judges McMurtry, Roy; Moldaver, Michael James; Cronk, Eleanore Ann Subject Criminal Decision Content DATE: 20040309 DOCKET: C37819 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) v. FANSU KAMATEH (Appellant) BEFORE: McMURTRY C.J.O., MOLDAVER AND CRONK JJ.A. COUNSEL: Lois I. Pineau for the appellant Chantal Proulx for the respondent HEARD & ENDORSED: March 8, 2004 On appeal from the conviction by Justice Hugh R. McLean dated January 30, 2002. APPEAL BOOK ENDORSEMENT [1] The Crown concedes that the appeal as to conviction should be allowed with respect to the charge of conspiracy to traffic and that a verdict of acquittal be substituted. We agree. [2] The appeal as to the two convictions of trafficking is dismissed as we see no merit in this appeal as the identification evidence was overwhelming. [3] The Crown also concedes that the sentence must be reduced given the acquittal on the conspiracy charge and agrees that the sentence be reduced to time served which was the equivalent of 14 months. [4] In the circumstances we agree with the Crown's submissions. Leave to appeal sentence granted, the appeal is allowed and the sentence is reduced to time served.