COURT OF APPEAL FOR ONTARIO
MOLDAVER, FELDMAN and ARMSTRONG JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
CURTIS WINT
Appellant
Catherine Glaister for the appellant
Lisa Joyal for the respondent
Heard and endorsed: October 12, 2007
On appeal from conviction by Justice David Corbett of the Superior Court of Justice, sitting without a jury, dated January 25, 2006.
APPEAL BOOK ENDORSEMENT
1In our view, the trial judge erred in his approach to this case by treating the trial as a credibility contest, which he resolved, at least in part, by engaging in what we believe to be improper propensity reasoning based on the appellant’s criminal record.
2After reviewing the evidence of the complainants (the three correctional officers) he stated that he accepted their evidence. He then turned to the evidence of the appellant and said:
The next question is whether Mr. Wint’s evidence raises a reasonable doubt. In my view it does not. Mr. Wint has a long record of criminal behaviour involving dishonesty and when his credibility is stacked up against the word of three correction officers, I am not going to accept his evidence. [Emphasis added.]
3As indicated, that approach was erroneous and not in accord with the requirements of R. v. W.D. Also, it did not amount to a proper analysis of the appellant’s testimony.
4Accordingly, the appeal is allowed, the conviction is set aside and a new trial is ordered.