COURT OF APPEAL FOR ONTARIO
Feldman, Sharpe and Gillese JJ.A.
BETWEEN:
Her Majesty The Queen
Appellant
And
Bun Ming Pring
Respondent
John Patton, for the appellant
Boris Bytensky, for the respondent
Heard and endorsed: March 25, 2010
On appeal from the Order of Justice Tamarin Dunnet of the Superior Court of Justice, dated November 19, 2009, dismissing the Crown’s certiorari application from the decision of Justice Frederic Campling of the Ontario Court of Justice, discharging the respondent of manslaughter, dated May 13, 2009.
APPEAL BOOK ENDORSEMENT
1This is an appeal from Dunnet J.’s decision on a certiorari application wherein she refused to quash the decision of the preliminary hearing judge not to commit the respondent for manslaughter.
2We see no error in the decision of Dunnet J. The preliminary inquiry judge applied the correct test and made no jurisdictional error in concluding that a reasonable jury properly instructed could not draw a reasonable inference that Mr. Pring committed the offence on the record before him.
3We disagree with the submission of the Crown that the preliminary inquiry judge chose between reasonable inferences that either Mr. Pring or Mr. Molina committed the offence. Rather, he concluded that the inference that Mr. Pring committed the offence was not a reasonable one.
4The appeal is therefore dismissed.