Court of Appeal for Ontario
Before: Goudge, Cronk and LaForme JJ.A.
Between:
Her Majesty the Queen Respondent
and
Dale Emerson Broome Appellant
Counsel: Howard L. Krongold, for the appellant Linda A. Shin, for the respondent
Heard and endorsed: March 25, 2009
On appeal from the conviction entered by Justice W. J. Lloyd Brennan of the Superior Court of Justice dated September 6, 2007 and from the sentence imposed by Justice Brennan dated November 23, 2007.
APPEAL BOOK ENDORSEMENT
1The appellant challenges three of his convictions.
2As to the first conviction, there was no error in the trial judge accepting the daughter’s evidence that she saw her mother pushed down the stairs as corroboration of the complainant’s evidence.
3The appeal of this conviction fails.
4As to the second conviction, given their past relationship the trial judge could properly disbelieve the accused’s evidence that he acted without knowing he was assaulting the complainant. The appeal of this conviction also fails.
5As to the third conviction the trial judge correctly recited the appellant’s evidence, and properly found it did not raise a reasonable doubt. This appeal fails as well.
6Given that all convictions stand the appellant advances no basis for altering the sentence. In our view there is none.
7The conviction appeals are dismissed. Leave to appeal sentence is denied.