Court of Appeal for Ontario
Date: 2017-11-09 Docket: C57386
Panel: Strathy C.J.O., Doherty J.A. and McCombs J. (ad hoc)
Between
Her Majesty the Queen Respondent
and
Justin Stewart Gough Appellant
Counsel
Howard L. Krongold, for the appellant
Jennifer McKee, for the respondent
Hearing
Heard: November 8, 2017
Appeal Information
On appeal from the conviction entered on October 3, 2012 and the sentence imposed on March 5, 2013 by Justice Wolfram Tausendfreund of the Superior Court of Justice, sitting without a jury.
Appeal Book Endorsement
[1]
Reasons for Decision
The trial judge clearly and correctly summarized the evidence and considered the applicable legal principles. We do not accept the appellant's argument that the trial judge reversed the burden of proof requiring him to prove the identity of an alternative suspect.
2The trial judge's question "if it was not the accused who fired the gun, who did?" was simply rhetorical, asking himself whether the evidence was reasonably capable of supporting an inference other than the guilt of the appellant.
3He found that there was no evidence before him to support such an inference. He concluded that the circumstantial evidence that he identified was sufficient to establish, beyond a reasonable doubt, that the appellant had possession of a firearm which he used to fire a shot into the complainant's car.
4In our view, there was ample evidence, identified by the trial judge, to support this conclusion.
[5]
Disposition
The appeal is dismissed.