R. v. Edgar
On the evidence and trial judge's factual findings there was no error in concluding the arresting officer had reasonable and probable grounds; alternatively, even if that conclusion were open to doubt the evidence from the search was properly admissible under s.24(2), therefore the conviction stands and the appeal...
Source-derived case information.
- Citation
- C40898
- Parties
- Respondent: Her Majesty the Queen; Appellant: Garth Antonio Edgar
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 8 November 2004
- Procedural Posture
- Criminal Appeal / Appeal From Conviction to Court of Appeal
- Outcome
- Appeal against conviction dismissed; sentence appeal dismissed as abandoned.
- Legal Topics
- Arrest and Detention, Reasonable and Probable Grounds, Search and Seizure, Admissibility Under S.24(2)
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Her Majesty the Queen
Respondent
Garth Antonio Edgar
Appellant
Procedural Posture
Criminal Appeal / Appeal From Conviction to Court of Appeal
Legal Issues
- 1 Whether the arresting officer had reasonable and probable grounds to arrest the appellant
- 2 Whether evidence obtained from the search should be excluded under s.24(2) of the Charter
- 3 Whether any error by the trial judge warranted overturning the conviction
Ratio Decidendi
On the evidence and trial judge's factual findings there was no error in concluding the arresting officer had reasonable and probable grounds; alternatively, even if that conclusion were open to doubt the evidence from the search was properly admissible under s.24(2), therefore the conviction stands and the appeal is dismissed.
Court Disposition
Appeal against conviction dismissed; sentence appeal dismissed as abandoned.
Orders
- Appeal against conviction dismissed.
- Sentence appeal dismissed as abandoned.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Edgar Collection Decisions of the Court of Appeal Date 2004-11-08 Docket numbers C40898 Judges Catzman, Marvin Adrian; Laskin, John Ivan; Blair, Robert Ashley Subject Criminal Decision Content DATE: 20041108 DOCKET: C40898 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) -and- GARTH ANTONIO EDGAR (Appellant) BEFORE: CATZMAN, LASKIN and BLAIR JJ.A. COUNSEL: Anna Martin for the appellant Shawn Porter for the respondent HEARD AND ENDORSED: November 8, 2004 On appeal from the conviction entered by Justice Terrence P. O’Connor of the Superior Court of Justice, sitting without a jury, on October 22, 2003. APPEAL BOOK ENDORSEMENT [1] On the evidence before the trial judge and the findings that he made, we find no error in his conclusion that the arresting officer had reasonable and probable grounds to arrest. Even if we were to agree with the appellant’s submission to the contrary, we are of the view that the evidence that resulted from the search of the appellant was properly admissible under s. 24(2) of the Charter. The appeal against conviction is dismissed. [2] Prior to the hearing of this appeal, the appellant filed notice of abandonment of his sentence appeal, which is dismissed as an abandoned appeal.