COURT OF APPEAL FOR ONTARIO
MacFarland, Rouleau and Hourigan JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Shane Blondin
Appellant
Eric Granger, for the appellant
Moiz Rahman, for the respondent
Heard and released orally: July 5, 2016
On appeal from the conviction entered on January 29, 2015 by Justice Diane M. Lahaie of the Ontario Court of Justice.
ENDORSEMENT
1The trial judge concluded that the injuries to the victim Bates were too extensive to have resulted from the one blow the appellant admits he delivered to Bates. She concluded that the appellant continued to administer a beating to Bates after he fell to the ground following the appellant’s first punch.
2The appellant argues there was no evidence to support this finding and it was unfair to the appellant because it was a theory not put to the appellant at trial.
3This case proceeded solely on the ground of self-defence. It was conceded at trial and before this court that there was no issue that the one blow the appellant admits he inflicted caused injuries sufficient to amount to an aggravated assault. The trial judge rejected the appellant’s defence of self-defence and specifically rejected his evidence, that Mr. Bates swung first at him – he avoided the swing by moving out of the way and struck back in self-defence.
4At p. 61 of her reasons, the trial judge stated:
Mr. Bates did nothing to Mr. Blondin. Mr. Bates descended into the street to support his friend. I find that he did not threaten violence. He did not square off. He did not swing at anyone and he did not strike any members of the accused’s group including Mr. Blondin.
5In our view, this finding was available to her on Bates’ evidence. It is a factual finding entitled to deference in this court. In our view, this ends the appellant’s defence.
6The findings complained of, about a beating administered after the fact are, on particular facts of this case, irrelevant. On the basis of the case as it was argued and in our view, they have in no way infected her finding that the punch was unprovoked. We would dismiss the appeal.
"J. MacFarland J.A."
"Paul Rouleau J.A."
"C.W. Hourigan J.A."