Court of Appeal for Ontario
Date: 2017-06-16 Docket: C62783 Judges: Laskin, Simmons and Pardu JJ.A.
Between
Her Majesty the Queen Respondent
and
Rodney Bellaire Appellant
Counsel
Philip Norton, for the appellant
Kevin Rawluk, for the respondent
Hearing and Appeal
Heard: June 15, 2017
On appeal from the conviction entered on July 11, 2016 and the sentence imposed on July 11, 2016 by Justice Gregory P. Rodgers of the Ontario Court of Justice.
Appeal Book Endorsement
[1]
Grounds of Appeal
The appellant argues three grounds of appeal.
2One, he submits that the trial judge misused the hospital report by relying on it for its truth. We disagree. The reasons of the trial judge do not support the appellant's submission. The complainant testified to the inconsistencies in her own evidence. She also confirmed that the appellant gave her a false story to relay.
3Two, the appellant submits that the trial judge was required to make a factual finding whether the appellant threw the knife at the complainant or stabbed her. We disagree. The real issue was whether the injury was accidentally or intentionally inflicted. The appellant's explanation defied credulity and did not require a specific finding on how the complainant was assaulted. The trial judge's finding that the injury was intentionally inflicted was sufficient.
4Three, the appellant submits that the trial judge failed to properly caution himself about the complainant's admissions of public mischief and perjury. As the appellant acknowledges a trial judge sitting alone is not required to self-instruct on Vetrovec. The trial judge appropriately did caution himself on the complainant's previous false accusations.
[5]
Fresh Evidence
In connection with this last ground we decline to admit the fresh evidence about the appellant's full criminal record. The complainant's previous false accusations and even her admission of "lies" in court were before the trial judge. The fresh evidence is not sufficiently cogent that it could reasonably be expected to have affected the verdict.
[6]
Disposition
The appeal is dismissed.