DOCKET: C39369
COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Respondent) v. SIMON GOULD (Appellant)
BEFORE: DOHERTY, GOUDGE and CRONK JJ.A.
COUNSEL: Brian Snell for the appellant Riun Shandler for the respondent
HEARD & ENDORSED: October 23, 2003
On appeal from the conviction entered by Justice Cunningham of the Superior Court of Justice dated June 6, 2002.
A P P E A L B O O K E N D O R S E M E N T
1We agree with counsel’s submission that the place where the admitted assault on the complainant occurred was the central factual issue.
2It was open to the trial judge on this evidence to find that there was no blood between the appellant’s room and the entrance to the complainant’s room. It was also open to the trial judge to infer from the absence of the blood trail taken in combination with the other evidence, that the assault occurred at the complainant’s room.
3Even if the trial judge misapprehended the evidence concerning the extent to which the appellant’s brother co-operated with the police, that misapprehension was not material to the result.
4The appeal is dismissed.