COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) v. BRADLEY BELL (Appellant)
BEFORE:
LASKIN, MOLDAVER and JURIANSZ JJ.A.
COUNSEL:
Patrick Leckey
for the appellant
Joseph Perfetto
for the respondent
HEARD & ENDORSED:
October 19, 2006
On appeal from the decision of the summary conviction appeal court dated December 2, 2005 by Justice Randall S. Echlin of the Superior Court of Justice, dismissing the appeal from the conviction entered on august 17, 2004 by Justice Bruno Cavion 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
1In making his adverse credibility finding, the trial judge took into account evidence that he ought not to have considered. See R. v. Cresswell.
2Having regard for the trial judge’s error in what we think was a close case, the conviction ought to be set aside and a new trial ordered.