R. v. Kyriakopoulos
Assuming a section 8 breach that was sufficiently connected to the obtaining of the warrant and the arrest, the Grant factors nonetheless strongly favored admission of the narcotics evidence; therefore the evidence was not excluded under s.24(2) and the conviction was upheld. The sentence was not contested at oral...
Source-derived case information.
- Citation
- 2009 ONCA 803
- Parties
- Respondent: Her Majesty the Queen; Appellant: Themistocles Kyriakopoulos
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 12 November 2009
- Procedural Posture
- Criminal / Appeal From Conviction and Sentence
- Outcome
- Conviction appeal dismissed; sentence appeal dismissed
- Legal Topics
- Section 8 Charter (search and Seizure), Section 24(2) Exclusion of Evidence, Admissibility of Evidence, Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Themistocles Kyriakopoulos
Appellant
Procedural Posture
Criminal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether there was a breach of section 8 of the Charter when an officer looked over the locker wall
- 2 Whether the s.8 breach was sufficiently connected to obtaining the warrant and the appellant's arrest to engage s.24(2)
- 3 Whether evidence obtained should be excluded under s.24(2)
Ratio Decidendi
Assuming a section 8 breach that was sufficiently connected to the obtaining of the warrant and the arrest, the Grant factors nonetheless strongly favored admission of the narcotics evidence; therefore the evidence was not excluded under s.24(2) and the conviction was upheld. The sentence was not contested at oral argument and was found fit.
Court Disposition
Conviction appeal dismissed; sentence appeal dismissed
Orders
- Conviction of the appellant upheld
- Sentence of the appellant upheld
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Kyriakopoulos Collection Decisions of the Court of Appeal Date 2009-11-12 Neutral citation 2009 ONCA 803 Docket numbers C48480 Judges Doherty, David H.; Cronk, Eleanore Ann; Watt, David Subject Criminal Decision Content CITATION: R. v. Kyriakopoulos, 2009 ONCA 803 DATE: 20091110 DOCKET: C48480 COURT OF APPEAL FOR ONTARIO Doherty, Cronk and Watt JJ.A. BETWEEN: Her Majesty the Queen Respondent and Themistocles Kyriakopoulos Appellant Gregory Lafontaine, for the appellant David Littlefield and Eric Gilman, for the respondent Heard: November 10, 2009 On appeal from the conviction entered by Justice Newbould of the Superior Court of Justice dated January 18, 2008 and the sentence imposed on April 2, 2008. APPEAL BOOK ENDORSEMENT [1] The appellant advances a somewhat different argument than those found in the factum. We will assume that there was a s. 8 breach when the officer looked over the wall of the locker. We will also assume that the s. 8 breach was sufficiently connected to the obtaining of the warrant and the grounds for the appellant’s arrest to bring the evidence obtained under the warrant and incidental to the arrest within the reach of s. 24(2) based on the s. 8 breach. [2] Given the nature of the breach and the findings of the trial judge, we see no basis upon which the evidence of the narcotics seized from the car, person of the appellant, and duffel bag, could possibly be excluded under s. 24(2). The factors identified in Grant strongly favour admission. [3] The conviction appeal is dismissed. [4] The sentence appeal was not pursued in oral argument. We think the sentence is fit. [5] The sentence appeal is dismissed.