COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Respondent)
v. SEAN HEILIGERS (Appellant)
BEFORE: ABELLA, ROSENBERG and MacPHERSON JJ.A.
COUNSEL: Peter Lindsay,
for the appellant
Karen Shai,
for the respondent
HEARD: January 18, 2000
On appeal from the conviction imposed by Sheppard J. dated March
7, 1997.
E N D O R S E M E N T
1We have not been persuaded that the trial judge
misapprehended the evidence in any way that affected his findings
of fact. There was ample evidence to support the convictions for
aggravated assault and assault with a weapon. As to the offence
of possession of a weapon for a purpose dangerous to the public
peace, we do not read the reasons for judgment as imposing any
duty on the appellant to stop his co-accused. Rather, the trial
judge was satisfied that the appellant and his co-accused were
engaged in a joint venture and that the appellant had formed the
requisite intent at the time the co-accused took up the bat.
2Accordingly, the appeal is dismissed.
(Signed) "R. S. Abella J.A."
(Signed) "M. Rosenberg J.A."
(Signed) "J. C. MacPherson J.A."