COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – MICHAEL TARANCO (Appellant)
BEFORE:
LASKIN, MOLDAVER and CRONK JJ.A.
COUNSEL:
Peter J. Connelly
for the appellant
Kelly Slate
for the respondent
HEARD & ENDORSED:
July 18, 2003
On appeal from conviction by Justice W. Ross of the Ontario Court of Justice on June 25, 2002.
A P P E A L B O O K E N D O R S E M E N T
1On the basis of the trial judge’s reasons, we cannot be certain that he properly addressed the defences of reflex response or self-defence upon which the appellant was entitled to rely based on his evidence. Accordingly, the appeal is allowed, the conviction is quashed and a new trial is ordered.