Court File and Parties
COURT OF APPEAL FOR ONTARIO
Goudge, Juriansz and MacFarland JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Jose Fonseca
Appellant
Counsel: Christopher Hicks and Kristin Bailey, for the appellant Joan Barrett, for the respondent
Heard: June 20, 2011
On appeal from the conviction entered on April 7 and May 7, 2010, and the sentence imposed on May 11, 2010, by Justice Lawrence Klein of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1In our view the trial judge did not use the appellant’s silence as a basis for his disbelief of the appellant’s evidence. Rather he contrasted the appellant’s explanation for the accident given at trial with his very different story given at the scene – a story he has since rejected – and his explanation for giving that false story. The trial judge did not err in using this contrast as a basis for disbelieving the appellant’s evidence.
2The appeal is dismissed.
“S.T. Goudge J.A.”