COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – DAVID CORRIGAN (Appellant)
BEFORE:
CATZMAN, MacPHERSON and GILLESE JJ.A.
COUNSEL:
Crystal E. Tomusiak
for the appellant
Christine Tier
for the respondent
HEARD & ENDORSED:
January 25, 2007
On appeal from the conviction entered on October 15, 2004, and the sentence imposed on December 4, 2004, by Justice Albert J. Roy of the Superior Court of Justice, sitting without a jury.
A P P E A L B O O K E N D O R S E M E N T
1The appeal against sentence was abandoned.
2Counsel relied on her factum on the s. 11(b) argument. On this subject, we agree with the trial judge’s analysis and conclude that there was no violation of the appellant’s right to a trial within a reasonable time under that subsection.
3On the subject of credibility, the trial judge correctly stated and applied the W.D. analysis and made no error in finding as he did.
4On the subjects of dangerous driving and failure to stop for the police, the trial judge understood and concluded that the necessary elements of the offences had been established. On this record, there was ample evidence that justified him in reaching these conclusions.
5The appeal against conviction is dismissed.