DATE: 20031030

DOCKET: C39369

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) v. SIMON GOULD (Appellant)

BEFORE: DOHERTY, GOUDGE and CRONK JJ.A.

COUNSEL: Brian Snell for the appellant Riun Shandler for the respondent

HEARD & ENDORSED: October 23, 2003

On appeal from the conviction entered by Justice Cunningham of the Superior Court of Justice dated June 6, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] We agree with counsel’s submission that the place where the admitted assault on the complainant occurred was the central factual issue.

[2] It was open to the trial judge on this evidence to find that there was no blood between the appellant’s room and the entrance to the complainant’s room. It was also open to the trial judge to infer from the absence of the blood trail taken in combination with the other evidence, that the assault occurred at the complainant’s room.

[3] Even if the trial judge misapprehended the evidence concerning the extent to which the appellant’s brother co-operated with the police, that misapprehension was not material to the result.

[4] The appeal is dismissed.