COURT OF APPEAL FOR ONTARIO
DOHERTY, FELDMAN and ARMSTRONG JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
WYMAN M. HADLEY
Appellant
James Foord for the appellant
Colleen Hepburn for the respondent
Heard: November 16, 2007
On appeal from the conviction entered by Justice Griffiths of the Ontario Court of Justice dated March 8, 2006.
APPEAL BOOK ENDORSEMENT
1This was a close call. However, we cannot say that the trial judge’s conclusion was unreasonable. The appellant had a weapon with him and, on the trial judge’s finding, produced and used the weapon immediately when the complainant attacked him. In our view, it was not unreasonable for the trial judge to conclude that there was no reasonable grounds for the appellant’s belief that he could not otherwise preserve himself.
2The appeal is dismissed.