Court of Appeal for Ontario

DATE: 20061025

DOCKET: C41670

RE: HER MAJESTY THE QUEEN (Respondent) – and – LEROY PINDER (Appellant)

BEFORE: LASKIN, MOLDAVER and JURIANSZ JJ.A.

COUNSEL: Jennifer Gleitman for the appellant Sandra Kingston for the respondent

HEARD & RELEASED ORALLY: October 20, 2006

On appeal from the judgment of Justice John C. Kennedy of the Superior Court of Justice dated March 6, 2003.

E N D O R S E M E N T

[1] In our view, the reasons for judgment considered as a whole were adequate. We are satisfied that the trial judge applied the principle of R. v. W.(D.) (1991), 63 C.C.C. (3d) 397 (S.C.C.) and the correct standard of proof. The linchpin in the trial judge’s analysis related to counts 1-3 that arose out of the stabbing of the complainant.

[2] The trial judge noted the objective evidence of the complainant’s cut shirt and the knife used confirmed the complainant’s testimony. The testimony of Ms. Cox and Ms. Lupo further buttressed his conclusion the event occurred as charged. The trial judge found the complainant to be credible and did not believe the appellant’s denials. He found the defence evidence did not raise a reasonable doubt. The trial judge’s rejection of the defence position was not conclusory and meets the requirement of R. v. Sheppard, 2002 SCC 26, [2002] 1 S.C.R. 869.

[3] Accordingly the appeal from conviction is dismissed.

[4] In regard to sentence, this was a serious case of domestic violence that continued over a prolonged period of time. It warranted the five-year sentence imposed. Leave to appeal sentence is granted but the appeal is dismissed.

“J.I. Laskin J.A.”

“M.J. Moldaver J.A.”

“R.G. Juriansz J.A.”