R. v. Przywala, 2009 ONCA 227
COURT OF APPEAL FOR ONTARIO
Doherty, Feldman and Cronk JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Tadeusz Przywala
Appellant
Counsel:
Timothy E. Breen, for the appellant
Karen Papadopoulos, for the respondent
Heard: March 12, 2009
On appeal from the conviction entered by Justice P. Newton of the Ontario Court of Justice dated May 4, 2005 and the sentence imposed on July 7, 2005.
APPEAL BOOK ENDORSEMENT
1We are satisfied that the decision to allow the Crown to advance an alternative theory of liability based on the appellant’s statement was not unfair to the appellant. Nor did the alternative theory take the Crown’s allegations out of the scope of the transaction described in the charge in the information.
2Having regard to the totality of the circumstances, we cannot say that the trial judge acted unreasonably in concluding that the appellant’s assault on the victim objectively considered created a risk of bodily harm.
3The appeal is dismissed.