R. v. Hisson, 2010 ONCA 852

ENDORSEMENT

1Leave to appeal from the summary conviction appeal court is denied.

2With the assistance of duty counsel, the appellant relies on the merits of the proposed appeal to support his request for leave. He points to an alleged Harper error (R. v. Harper, 1982 CanLII 11 (SCC), [1982] 1 S.C.R. 2) by the trial judge and claims the summary conviction appeal court judge erred by failing to consider it.

3We reject this submission. We are not persuaded there was a compelling basis for concluding the appellant's daughter was present at relevant times. At best, the appellant relies on the evidence of a witness who gave evidence of a prior inconsistent statement by the complainant to attempt to establish the likelihood the appellant's daughter was present on a relevant occasion. However, the appellant and the complainant agreed the appellant's daughter was not present on the occasions that formed the subject matter of the charges. Moreover, unlike his daughter, the appellant acknowledged touching on other occasions but denied their sexual context.

4The trial judge explained the basis on which he found the appellant guilty. The fact that the trial judge did not review every piece of evidence that might have pointed to a different conclusion does not constitute reversible error.

Signed: