Court File and Parties
COURT OF APPEAL FOR ONTARIO
Doherty, Feldman and Gillese JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Ryon Noll Cayenne
Appellant
Counsel: Alison Craig, for the appellant Howard Piafsky, for the respondent
Heard: November 5, 2010 On appeal from the conviction entered by Justice Epstein of the Ontario Court of Justice dated June 4, 2009 and the sentence imposed on September 16, 2009.
APPEAL BOOK ENDORSEMENT
1The main Crown witness recanted the statement she had given the police inculpating the appellant. Her testimony exonerated the appellant.
2After counsel had examined and cross-examined the witness, the trial judge questioned the witness for some five and a half pages of transcript.
3Counsel for the appellant argues that the questioning reveals that the trial judge had prejudged the witness’s credibility and, hence, the appellant’s guilt.
4The applicable legal principles are well known. Each case will turn on its own facts. The trial judge’s questions, especially those near the end of the exchange, indicate that the trial judge was troubled by the witness’s testimony. Indeed, there are obvious difficulties with her credibility. She was an admitted liar.
5We have given careful consideration to counsel’s arguments. Having regard to the manner and timing of the questions, the absence of any comment by counsel at trial, and the nature of the witness’s testimony, we are not persuaded that the trial judge’s questions demonstrate a prejudgment of the case.
6The appeal must be dismissed.