Court File and Parties
COURT OF APPEAL FOR ONTARIO
Moldaver, Simmons and Blair JJ.A.
BETWEEN
Her Majesty The Queen
Respondent
and
Steven John Brunet
Appellant
Counsel: Howard Krongold, for the appellant Benita Wassenaar, for the respondent
Heard and endorsed: April 1, 2011
On appeal from conviction entered by Justice B. Manton of the Superior Court of Justice dated May 6, 2008 and sentence imposed on July 12, 2008.
APPEAL BOOK ENDORSEMENT
1Following a thorough review of the evidence, on Counts 1 and 2, the trial judge gave two conclusory reasons for rejecting the appellant’s evidence and he made no comments at all about the complainant’s evidence. He then went on to consider Count 3 and gave a brief but meaningful explanation as to why he had a reasonable doubt on that count.
2In these circumstances, we agree wtih the appellant that the reasons for conviction on Counts 1 and 2 do not adequately perform the function for which they are required, namely, to allow us to review the correctness of the trial decision.
3Accordingly the appeal is allowed and a new trial is ordered on Counts 1 and 2 and Counts 4 and 5 that are tied to the convictions of Counts 1 and 2.