Court of Appeal for Ontario
BEFORE: Moldaver, Borins and Blair JJ.A.
BETWEEN:
Her Majesty the Queen
Respondent
and
Daniele Ranieri
Appellant
COUNSEL:
Christopher Hicks for the appellant
Linda A. Shin for the respondent
Heard and endorsed: January 5, 2009
On appeal from conviction by Justice Fisher of the Ontario Court of Justice dated December 4, 2007 and sentence imposed dated January 4, 2008.
APPEAL BOOK ENDORSEMENT
1The sole ground of appeal from conviction on the charge of pointing a firearm is whether there was a basis in the evidence upon which the trial judge could find that the “gun” produced by the appellant was a “firearm”.
2In our view, there was sufficient evidence upon which the trial judge could make the requisite finding, including:
(1) the description of the gun offered by the victim and his friend;
(2) the description by the victim and his friend of the loading of the gun;
(3) the circumstances of aggression and the appellant’s threats and violent behaviour; and
(4) the appellant’s statement that he would return in several days and shoot the victim and his friend and/or their property.
3In these circumstances, absent any evidence from the appellant, were satisfied that the trial judge was entitled to find that the gun in question was a firearm.
4Accordingly, the appeal from conviction is dismissed.
5The appeal from sentence is tied to the conviction appeal. The appellant concedes that it must fail if the conviction appeal is unsuccessful. In view of our conclusion on the conviction appeal, leave to appeal sentence is denied.
