Court of Appeal for Ontario
CITATION: R. v. Simpson, 2023 ONCA 348
DATE: 20230515
DOCKET: C68839
BEFORE: Benotto, Miller, Paciocco JJ.A.
BETWEEN
His Majesty the King
Respondent
and
Kevin Simpson
Appellant
COUNSEL:
Madeleine Ross, for the appellant
Vallery Bayly, for the respondent
HEARD AND RELEASED ORALLY: May 11, 2023
On appeal from the conviction entered on May 15, 2020, and the sentence imposed on September 18, 2020, by Justice Russell M. Raikes of the Superior Court of Justice.
REASONS FOR DECISION
[1] The trial judge approached the credibility and the reliability assessment of Mr. White and Ms. Brennan very carefully. In detailed reasons he demonstrated an extremely cautious approach and searched for confirmation recognizing they were Vetrovec witnesses.
[2] We see no error in his approach or conclusion.
[3] The sentence was not demonstrably unfit nor does the appellant suggest it was. The reasons reveal no error in principle.
[4] The conviction appeal is dismissed. Leave to appeal sentence is dismissed.
“M.L. Benotto J.A.”
“B.W. Miller J.A.”
“David M. Paciocco J.A.”