Court of Appeal for Ontario

Citation: R. v. Jugovic, 2009 ONCA 556

Date: 20090707

Docket: C49099

Before: Doherty, Feldman and MacFarland JJ.A.

Between:

Her Majesty the Queen Respondent

and

Darko Jugovic Appellant

Counsel: R. Craig Bottomley, for the appellant Greg Skerkowski, for the respondent

Heard: June 30, 2009

On appeal from the conviction entered by Justice Van Melle of the Superior Court of Justice, sitting with a jury, dated May 1, 2008.

APPEAL BOOK ENDORSEMENT

[1] We see no error in the trial judge’s charge.

[2] The evidence of the appellant’s animosity toward the victim could have been the subject of a limiting instruction, but the failure to give that instruction was not reversible error: see R. v. Jackson (1980), 57 C.C.C. (2d) 154 (Ont. C.A.).

[3] The trial judge’s answer to the jury’s question concerning the difference between aggravated assault and attempted murder and the definition of both was entirely appropriate and tailored to the circumstances of this case.

[4] The officer’s opinion evidence was not challenged at trial. The appellant cannot demonstrate that the witness was not properly qualified. In any event, the significance of the evidence relied primarily on the location of the blood and not the mechanism by which the blood was placed there.

[5] The appeal is dismissed.