Court of Appeal for Ontario
Date: 2018-11-30 Docket: C63566 Judges: Doherty, Miller and Fairburn JJ.A.
Between
Her Majesty the Queen Respondent
and
Ronald George Tyrell Appellant
Counsel
Mark C. Halfyard, for the appellant
Sarah Shaikh and Alexia Bystrzycki, for the respondent
Hearing and Appeal Information
Heard: November 29, 2018
On appeal from: The conviction entered on July 19, 2016 and the sentence imposed on December 7, 2016 by Justice Hugh K. O'Connell of the Superior Court of Justice.
Appeal Book Endorsement
(1) The "Hearsay" Issue
1The trial judge acknowledged during the evidence that anything said by Isaacs (not a witness) to the police officer (a witness) was admissible for narrative purposes and not for its truth. Nothing in his reasons suggests any departure from that self-instruction.
(2) The W.D. Issue
2We are satisfied that the trial judge properly applied W.D. Read as a whole, the reasons demonstrate that the trial judge understood he was required to apply the burden of proof to the totality of the evidence. Indeed the trial judge's consideration of the other count, on which he acquitted, despite rejecting the appellant's evidence is a strong testament to his understanding of W.D.
(3) The Delay in Giving Reasons
3In our view, any delay in giving reasons was driven primarily by efforts to accommodate all parties. Nothing in the circumstances would justify a finding that the presumption of integrity had been rebutted by the delay in giving reasons.
4The appeal is dismissed.