R. v. Shakir
Leave to appeal denied because the Court found no basis to interfere with the summary conviction appeal judge's determination that the vehicle was subject to duties under s.159 of the Customs Act.
Source-derived case information.
- Citation
- 2016 ONCA 45
- Parties
- Respondent: Her Majesty the Queen; Appellant: Mohammed Shakir
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 15 January 2016
- Procedural Posture
- Criminal Summary Conviction Appeal and Application for Leave to Appeal / Application for Leave to Appeal From Summary Conviction Appeal Judge Decision
- Outcome
- Leave to appeal denied; decision of the summary conviction appeal judge upheld.
- Legal Topics
- Leave to Appeal, Summary Conviction, Customs Act S.159, Duties on Imported Goods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Mohammed Shakir
Appellant
Procedural Posture
Criminal Summary Conviction Appeal and Application for Leave to Appeal / Application for Leave to Appeal From Summary Conviction Appeal Judge Decision
Legal Issues
- 1 Whether the vehicle was subject to duties under s.159 of the Customs Act
- 2 Whether leave to appeal should be granted
Ratio Decidendi
Leave to appeal denied because the Court found no basis to interfere with the summary conviction appeal judge's determination that the vehicle was subject to duties under s.159 of the Customs Act.
Court Disposition
Leave to appeal denied; decision of the summary conviction appeal judge upheld.
Orders
- Leave to appeal denied.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Shakir Collection Decisions of the Court of Appeal Date 2016-01-15 Neutral citation 2016 ONCA 45 Docket numbers C58369 Judges Feldman, Kathryn N.; Hourigan, C. William; Roberts, Lois B. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Shakir, 2016 ONCA 45 DATE: 20160115 DOCKET: C58369 Feldman, Hourigan and Roberts JJ.A. BETWEEN Her Majesty the Queen Respondent and Mohammed Shakir Appellant Mohammed Shakir, in person Vincenzo Rondinelli, duty counsel Tanit Gilliam, for the respondent Heard and released orally: January 12, 2016 On appeal from the decision of the Summary Convictions Appeal Court dated January 20, 2014 by Justice Timothy Minnema of the Superior Court of Justice, dismissing the appeal from the conviction entered on November 14, 2012 by Justice C.D. Anderson of the Ontario Court of Justice. ENDORSEMENT [1] The applicant requires leave to appeal from the decision of the summary conviction appeal judge. We see no basis to grant leave to appeal. [2] The car the appellant drove to the border was “subject to duties” under s. 159 of the Customs Act, R.S.C., c. 1 (2nd Supp.). We see no error in the decision of the summary conviction appeal judge in so holding. [3] Leave to appeal the decision of the summary conviction appeal judge is denied. “K. Feldman J.A.” “C.W. Hourigan J.A.” “L.B. Roberts J.A.”