R. v. Mamandras

R. v. Mamandras Collection Decisions of the Court of Appeal Date 2008-10-15 Neutral citation 2008 ONCA 705 Docket numbers C48378 Judges Weiler, Karen Merle Magnuson; Gillese, Eileen E.; Armstrong, Robert Patrick Subject Criminal Decision Content CITATION: R. v. Mamandras, 2008 ONCA 705 DATE: 20081015 DOCKET: C48378 COURT OF APPEAL FOR ONTARIO Weiler, Gillese and Armstrong JJ.A. BETWEEN Her Majesty the Queen Respondent and Haralambos Mamandras Appellant Gregory Lafontaine, for the appellant Greg Skerkowski, for the respondent Heard and released orally: October 3, 2008 On appeal from the decision of the summary conviction appeal court dated January 21, 2008 by Justice J.N. Morissette of the Superior Court of Justice, dismissing the appeal from the conviction entered on April 18, 2007 by Justice G.A. Pockele of the Ontario Court of Justice. [1] The appellant appeals his convictions for failure to provide a breath sample and impaired driving. His summary conviction appeal was dismissed. In this court, he raised the same two grounds of appeal as were raised below: (1) the trial judge erred in his treatment of the videotaped evidence of the appellant’s discussion with a police officer in the police station; and (2) the trial judge erred in dismissing his Charter appli-cation under s. 10(b) – his right to consult counsel of his choice. [2] The summary conviction appeal court judge, in detailed reasons, found no such errors. We agree with her. We note that the summary appeal court judge did say that the trial judge could be seen as erring in taking judicial notice of the operation of the Internet. Nonetheless, she found no error in the trial judge’s finding and dismissed that ground of appeal. [3] While we might have come to a different conclusion in relation to the efforts of the police officer in locating the appellant’s counsel of choice, we cannot say that finding was unreasonable. The appeal is therefore dismissed. “K. Weiler J.A.” “E.E. Gillese J.A.” “Robert P. Armstrong J.A.”