R. v. Riad
The hard copy documents combined with evidence of the Ontario Drug Benefit computer system and the absence of corresponding prescriptions provided an ample basis for the jury to conclude the appellants deprived the plan of funds; any hearsay regarding the amount, even if inadmissible, was not prejudicial because the...
Source-derived case information.
- Citation
- C40463
- Parties
- Appellant: Nagy Riad; Appellant: Mina Pharm Ltd.; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 17 September 2004
- Procedural Posture
- Criminal Appeal / Appeal From Convictions (superior Court of Justice, Jury)
- Outcome
- appeal dismissed
- Legal Topics
- Fraud/deprivation of Funds, Evidence Hearsay, Sufficiency of Evidence
- 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
Nagy Riad
Appellant
Mina Pharm Ltd.
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal Appeal / Appeal From Convictions (superior Court of Justice, Jury)
Legal Issues
- 1 Sufficiency of evidence to support conviction for depriving the Ontario Drug Benefit Program of funds
- 2 Admissibility and prejudicial effect of hearsay evidence on the amount of detriment
- 3 Whether detriment exceeded statutory or material threshold ($5,000)
Ratio Decidendi
The hard copy documents combined with evidence of the Ontario Drug Benefit computer system and the absence of corresponding prescriptions provided an ample basis for the jury to conclude the appellants deprived the plan of funds; any hearsay regarding the amount, even if inadmissible, was not prejudicial because the appellants conceded the detriment exceeded $5,000; therefore the appeal is dismissed.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed.
- Convictions affirmed.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Riad Collection Decisions of the Court of Appeal Date 2004-09-17 Docket numbers C40463 Judges McMurtry, Roy; Doherty, David H.; Lang, Susan Elizabeth Subject Criminal Decision Content DATE: 20040917 DOCKET: C40463 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) v. NAGY RIAD and MINA PHARM LTD. (Appellants) BEFORE: MCMURTRY C.J.O., DOHERTY and LANG JJ.A. COUNSEL: David E. Harris for the appellants Nadia Thomas for the respondent HEARD: September 15, 2004 ORALLY RELEASED: September 15, 2004 On appeal from the convictions entered by Justice McIssac of the Superior Court of Justice, sitting with a jury, dated May 21, 2003. ENDORSEMENT [1] The documents, the so called “hard copies” found in the possession of the appellants taken in combination with evidence of the computer system used by the Ontario Drug Benefit Program to fill prescriptions and to pay pharmacists for those prescriptions, as well as the absence of any prescriptions or pharmacists’ notes connected to those hard copies, provided an ample basis upon which the jury could reasonably conclude that the plan had been deprived of funds by the appellants. [2] The appellants contend that certain hearsay evidence was admitted in relation to the total amount of the detriment. Assuming without deciding that the evidence was inadmissible hearsay, we are satisfied that it could not have prejudiced the appellants. It was conceded on behalf of the appellants at trial that if there was detriment that detriment exceeded $5,000.00. [3] The appeal is dismissed. “R.R. McMurtry C.J.O.” “D.H. Doherty J.A.” “S.E. Lang J.A.”