Court File and Parties
Court of Appeal for Ontario
Before: Doherty, Blair and Watt JJ.A.
Between:
Her Majesty the Queen (Respondent)
and
Rodney Da Silva (Appellant)
Counsel: Fergus J. (Chip) O’Connor, for the appellant Robert Gattrell, for the respondent
Heard: March 8, 2010 On appeal from the sentence imposed by Justice W.A. Jenkins of the Superior Court of Justice dated January 30, 2009.
Appeal Book Endorsement
1We would not admit the fresh evidence:
It was available at trial;
It is entirely inconsistent with the defence actually advanced by the appellant at trial; and
The fresh evidence consists of the wife’s affidavit. Even as of today, the appellant has not claimed that he was provoked.
2The proffered evidence does not merit the criteria for admissibility on appeal.
3The sentence imposed at trial was fit. Leave to appeal granted and the appeal dismissed.