R. v. Aminyar, 2015 ONCA 785

Endorsement

1The appellant, Ramin Aminyar, appeals his conviction for aggravated assault by McMahon J. of the Superior Court of Justice. The trial judge convicted the appellant in a comprehensive oral decision on May 20, 2012. Following a fresh evidence application, which the trial judge granted, he affirmed the conviction, again with oral reasons, on October 8, 2013.

2The appellant advances a single ground of appeal; he contends that the conviction amounts to an unreasonable verdict. In support of this position, the appellant submits that the trial judge erred in his treatment of the evidence in three respects: (1) he placed too much reliance on the evidence of Bianca Prpic, the victim Michael Rose’s companion on the night in question; (2) he disregarded the most significant evidence supporting the appellant’s innocence – the expert evidence concerning the victim’s blood alcohol level at the time of the occurrence; and (3) he unjustifiably discredited the evidence of the appellant and his two companions.

3We do not accept this submission. On all three points, the appellant’s submissions amount to nothing more than an invitation to this court to re-weigh and second guess the evidence carefully and comprehensively reviewed by the trial judge. In our view, the trial judge’s treatment of the evidence of Ms. Prpic, Dr. Le, the appellant and his two companions was perfectly reasonable and supported the conclusions he reached.

4The appeal is dismissed.