Docket

38036

Abdullah Youssef v. Her Majesty the Queen

(Ont.) (Criminal) (As of Right)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2018-11-28 Appeal closed
2018-11-28 Transcript received, 37 pages
2018-11-16 Formal judgment sent to the registrar of the court of appeal and all parties
2018-11-16 Judgment on appeal and notice of deposit of judgment sent to all parties
2018-11-09 Judgment on the appeal rendered, Mo Côt Br Row Mar,
The appeal from the judgment of the Court of Appeal for Ontario, Number C59334, 2018 ONCA 16, dated January 12, 2018, was heard on November 9, 2018 and the Court on that day delivered the following judgment orally:


CÔTÉ J. — In our view, having regard to the principles set out by this Court in R. v. Villaroman, 2016 SCC 33, [2016] 1 S.C.R. 1000, at para. 55, it was not unreasonable for the trial judge to conclude that the evidence as a whole excluded all reasonable alternatives to guilt, especially given the presence of Mr. Youssef’s DNA on two different pieces of evidence, one of which was connected to the scene of the bank robbery, and the other to the getaway car. When the trial judge’s reasons are read as a whole, and in the context of the evidence and the arguments at trial, we are not persuaded that the trial judge ignored other potential explanations.



We would therefore dismiss the appeal.
Dismissed
2018-11-09 Hearing of the appeal, 2018-11-09, Mo Côt Br Row Mar
Judgment rendered
2018-11-09 Respondent's condensed book, (Book Form), 14 copies submitted in courtroom. Her Majesty the Queen
2018-11-09 Appellant's condensed book, (Book Form), 14 copies submitted in Courtroom. Abdullah Youssef
2018-10-25 Notice of appearance, Richard Litkowski and Jessica Zita will be appearing. Mr. Litkowski will present oral arguments. Abdullah Youssef
2018-10-19 Notice of appearance, Kevin Rawluk will be appearing and will present oral arguments. Her Majesty the Queen
2018-08-28 Notice of hearing sent to parties
2018-08-20 Appeal hearing scheduled, 2018-11-09
Judgment rendered
2018-07-19 Appeal perfected for hearing
2018-07-17 Respondent's factum, (Book Form), Completed on: 2018-07-17 Her Majesty the Queen
2018-06-15 Certificate of counsel (attesting to record), (Letter Form), Suplemental Record Abdullah Youssef
2018-06-05 Supplemental document, (Book Form), Suplemental Record - Missing in Certificate 24A (rc'd on 2018-06-15), Completed on: 2018-06-19 Abdullah Youssef
2018-05-23 Appellant's record, (Book Form), (2 volumes), CD Exhibit 1 also filed separately., Completed on: 2018-05-23 Abdullah Youssef
2018-05-23 Certificate of counsel (attesting to record), (Letter Form) Abdullah Youssef
2018-05-23 Appellant's factum, (Book Form), Completed on: 2018-05-23 Abdullah Youssef
2018-04-06 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2018-04-05 Order on motion to extend time to serve and/or file notice of appeal, (BY JUSTICE GASCON)
2018-04-05 Decision on motion to extend time to serve and/or file notice of appeal, Ga, UPON APPLICATION by the appellant for an order extending the time to serve and file his notice of appeal;
AND THE MATERIAL FILED having been read;
AND NOTING THAT the respondent consents to the motion;
IT IS HEREBY ORDERED THAT:
The motion is granted.

Granted
2018-04-05 Submission of motion to extend time to serve and/or file notice of appeal submitted, Ga
2018-04-05 Response to motion to extend time to serve and/or file notice of appeal, (Letter Form), Completed on: 2018-04-05 Her Majesty the Queen
2018-04-05 Certificate (on limitations to public access), (Letter Form) Her Majesty the Queen
2018-04-05 Notice of name, (Letter Form) Her Majesty the Queen
2018-04-03 Letter acknowledging receipt of a notice of appeal, (FILE OPENED 2018-04-03)
2018-03-28 Certificate (on limitations to public access), (Letter Form) Abdullah Youssef
2018-03-28 Motion to extend the time to serve and/or file the notice of appeal, (Letter Form), Completed on: 2018-04-03 Abdullah Youssef
2018-03-28 Notice of appeal, (Letter Form), Completed on: 2018-03-28 Abdullah Youssef