



COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Shah, 2018 ONCA 236

DATE: 20180309

DOCKET: C62110

Pardu, Benotto and Nordheimer JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Robert Shah

Appellant

Robert Shah, self-represented

Lorna Bolton, for the respondent

Heard and released orally: March 5, 2018

On appeal from the conviction entered on March 3, 2016 by
    Justice Michael G. Quigley of the Superior Court of Justice, sitting without a jury.

REASONS FOR DECISION

[1]

The appellant pleaded guilty to robbery and aggravated assault but not
    guilty to sexual assault. He appeals the trial judges finding of sexual
    assault.

[2]

The appellant submits that the trial judge did not consider
    inconsistencies in the complainants evidence. He points to the fact that
    there were no disclosed injuries to the back of the complainants head although
    she said he had banged her head on the ground several times; she was not
    consistent in the number of times she said she was punched in the face; and she

did not identify the appellant in a photo
    lineup;

[3]

The trial judge addressed the weaknesses in the complainants evidence,
    including her inability to identify the appellant in a photo lineup and the
    number of times she was punched in the face. The trial judge accepted the
    complainants testimony that during the assault the appellant tugged on her
    pants attempting to pull them down and told her either: (i)  to give him more money
    or  get naked;  or (ii) get naked or give me more money. On this basis he found
    the appellant guilty of sexual assault.

[4]

The trial judge rejected the appellants testimony in its entirety. It
    was open to the trial judge to do so. His findings of credibility are entitled
    to deference from this court.

[5]

The appeal is dismissed.

G. Pardu J.A.

M.L. Benotto J.A.

I.V.B.
    Nordheimer J.A.


