COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – JAMES JOSEPH DIETRICH (Applicant)
BEFORE:
ROSENBERG, FELDMAN and JURIANSZ JJ.A.
COUNSEL:
James Joseph Dietrich
In person
Ian Scott
for the respondent
HEARD:
September 28, 2005
On appeal from conviction by Justice C. Marchand of the Superior Court of Justice dated December 17, 2003 and sentence imposed dated March 26, 2004.
E N D O R S E M E N T
1The appellant raised a number of grounds of appeal against his conviction. However, for the following reasons the appeal is dismissed.
2It is apparent from the record that the only issue of bolus drinking concerned drinking after the accident. The trial judge dealt with that issue fully and correctly. As the possibility of bolus drinking before the collision was not a live issue, there was no need for the trial judge to address it.
3There was no violation of s. 650 of the Criminal Code because the appellant was not present to receive the written reasons for judgment: see s. 650(2)(b).
4The apparent discrepancy in the time of the collision in the reasons for judgment would not have affected the expert’s opinion that the blood alcohol level exceeded .08
5The trial judge dealt with the evidence of Mrs. Lobo and found her to be a credible witness. The appellant did not testify nor adduce any evidence to cast doubt on her testimony.
6The appeal from conviction is dismissed.
7As to sentence, the appellant has an extremely serious record for driving offences. On this occasion the appellant caused a very serious collision.
8Leave to appeal sentence is refused.
Signed: “M. Rosenberg J.A.”
“K. Feldman J.A.”
“R.G. Juriansz J.A.”