DATE: 20020603
DOCKET: C36285
COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Respondent) v. JASON CHRISTOPHER PRUYN (Applicant/Appellant)
BEFORE: DOHERTY, GOUDGE and MACPHERSON JJ.A.
COUNSEL: John Lefurgey
for the appellant
Christine Tier
for the respondent
HEARD: May 28, 2002
RELEASED
ORALLY: May 28, 2002
On appeal from the conviction imposed by Justice B. Matheson, sitting with a jury, dated December 21, 2000 and the sentence imposed dated March 23, 2001.
E N D O R S E M E N T
[1] Assuming some basis could be found in the appellant’s statement for the defence of self-defence, we are satisfied that when the charge to the jury and the re-charge are considered in their entirety, the instruction on the defence was adequate.
[2] The trial judge’s decision not to adjourn the trial upon defence counsel’s receipt of the witness statement was a matter for the trial judge’s discretion. We are not satisfied that he erred in the manner in which he exercised that discretion and find no prejudice to the appellant from the course followed by the trial judge.
[3] The instruction on the evidentiary value of inconsistent statements given by Crown witnesses, while somewhat cryptic, was satisfactory. We are satisfied that the jury would have understood the potential significance of the prior inconsistent statements given by two of the main Crown witnesses.
[4] There is also a sentence appeal. This was a very serious offence. The trial judge found that the appellant acted in concert with his co-accused and although it is clear that the co-accused was more involved in the beating of the victim than the appellant, the fact remains that the two acted in concert to inflict the beating. We cannot say that the trial judge erred in principle, either in not granting a conditional sentence or in the term of imprisonment imposed. Consequently, we cannot interfere.
[5] Leave to appeal sentence is granted but the appeal from sentence is dismissed. The appeal from conviction is dismissed.
“Doherty J.A.”
“S.T. Goudge J.A.”
“J.C. MacPherson J.A.”