



COURT OF APPEAL FOR ONTARIO

CITATION:
R. v.
    Grewal, 2013 ONCA 291

DATE: 20130501

DOCKET: C55959

Doherty, Laskin and LaForme JJ.A.

Her Majesty the Queen

Respondent

and

Shubhdeep Grewal

Appellant

Lakhwinder Sandhu, for the appellant

Peter Scrutton, for the respondent

Heard:  May 1, 2013

On appeal from the conviction entered by Justice Ian B.
    Cowan, of the Ontario Court of Justice, dated June 12, 2012.

APPEAL BOOK ENDORSEMENT

[1]

We think the evidence on the theft charges was overwhelming.  We are
    also satisfied that there was a basis upon which the trial judge could infer
    the requisite knowledge as to the contents of the trailer.  We see no error in
    the trial judges reasons.

[2]

We are, however, satisfied that the trial judge should have 
Kienappled

    the conviction on the possession charge relating to the truck (count 4) given
    the conviction on the charge of theft of the same truck (count 1).  Count 4
    should be stayed.  Consequently, the appeal is allowed to that extent.  The
    sentence on count 4 is set aside reducing the total fine by $1,250.


