COURT OF APPEAL FOR ONTARIO

DATE: 20060419

DOCKET: C42578

RE:

HER MAJESTY THE QUEEN (Respondent) – and – JAMES CHADWICK (Appellant)

BEFORE:

GILLESE, BLAIR and LAFORME JJ.A.

COUNSEL:

Christopher D. Hicks and Anida Chiodo

for the appellant

Tracy Stapleton

for the respondent

HEARD & ENDORSED:

April 7, 2006

On appeal from the decision of the summary conviction appeal court dated October 5, 2004 by Justice David Salmers of the Superior Court of Justice, dismissing the appeal from the conviction entered on November 29, 2002 and the sentence imposed on January 31, 2003 by Justice K. E. Johnson of the Ontario Court of Justice.

A P P E A L B O O K E N D O R S E M E N T

[1] The trial judge rested Mr. Chadwick’s conviction on a finding that he “moved that hose and reel in the direction of Mr. Simpson”. However, the trial judge rejected Mr. Simpson’s evidence that Mr. Chadwick picked up the reel and threw it at him. Having rejected that evidence, there was no evidence upon which the trial judge could have found that Mr. Chadwick moved the hose and reel towards Mr. Simpson. The verdict is according unreasonable and constitutes and error in law. According, the appeal is allowed and an acquittal is entered.