Indexed as:
R. v. Golden

Between
Her Majesty the Queen, and
Ian Vincent Golden

[1999] O.J. No. 5585
No. C30385

Ontario Court of Appeal
Toronto, Ontario
Osborne A.C.J.O., Doherty and Charron JJ.A.

Heard: September 23, 1999.
Oral judgment: September 23, 1999.
(1 para.)

Counsel:

David Tanovich, for the appellant.
Morris Pistyner, for the Crown.

      The judgment of the Court was delivered by

 1      OSBORNE A.C.J.O. (oral endorsement):— McNeely, J. correctly set out the applicable legal principles.  He found on a fact that the appellant held the bag containing cocaine in his buttocks.  This is therefore not a body cavity search case.  We see no basis upon which to interfere with this finding, or any of the other findings of fact made by the trial judge.  We agree that there was no s. 8 violation in the circumstances, and in doing so we accept the Trial Judge's reasons on the s. 8 issue.  The appeal is dismissed.

OSBORNE A.C.J.O.

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