



COURT OF APPEAL FOR ONTARIO

CITATION:
R. v. Belleus, 2012
    ONCA 873

DATE: 20121211

DOCKET: C54615

Laskin, Goudge and Gillese JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Michael Belleus

Appellant

Robert B. Carew, for the appellant

Christine Josic and Nicholas Devlin, for the respondent

Heard: December 10, 2012

On appeal from the conviction entered on April 5, 2011 by
    Justice Neil L. Kozloff of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1]

The appellants main ground of appeal is that the pat down search
    conducted by the officer was unreasonable because it went too far and became a
    search for inculpatory evidence.  We do not accept the appellants submission.

[2]

The trial judge gave a thorough and well reasoned ruling in which he
    found that the officers search was conducted solely for officer safety.  That
    finding was well supported by Officer Hagartys evidence, which the trial judge
    accepted.  Accordingly this main ground of appeal fails.

[3]

The appellants second ground of appeal is that the trial judges
    finding that the cocaine belonged to the appellant was speculative.  We
    disagree.

[4]

The amount of cocaine and its value justified the trial judges common
    sense inference that it belonged to the appellant.

[5]

Finally we note that s. 10(b) was not argued in this appeal.

[6]

The appeal is dismissed.


