DATE: 20020423 DOCKET: C36539
COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) –and– GEORGE RAE SANDS (Appellant)
BEFORE:
McMURTRY C.J.O., CRONK and GILLESE JJ.A.
COUNSEL:
Patrick E. Hurley, for the appellant
Carol-Ann Bauman, for the respondent
HEARD:
April 17, 2002
RELEASED ORALLY:
April 17, 2002
On appeal from the conviction imposed by Justice D. Kent Kirkland dated June 17, 1999, upheld by Justice Douglas M. Belch, sitting as summary conviction appeal court judge, on May 22, 2001.
E N D O R S E M E N T
[1] The appellant seeks to overturn the trial judge’s verdict on the basis that it was unreasonable. We do not agree.
[2] There was no eyewitness in this case to the physical contact between the appellant and the complainant, although some of the events leading up to the altercation were observed. The trial judge referred to the evidence of the defence witnesses and the aspects of their testimony which conflicted with that of the complainant. He was also alert to the inconsistencies between the complainant’s evidence at trial and his statement to the investigating police officer. He concluded that the complainant’s evidence was credible and he preferred the complainant’s version of events over that of the appellant. The trial judge’s reasons as a whole clearly establish the basis for his decision. Accordingly, the appellant was not prejudiced by any omission in the trial judge’s reasons and they served their proper function.
[3] In these circumstances, we are not satisfied that the verdict was unreasonable or that the trial judge erred. The appeal is therefore dismissed.
“R.R. McMurtry C.J.O.”
“E.A. Cronk J.A.”
“E. Gilesse J.A.”