Court of Appeal for Ontario

Date: 2006-03-01 Docket: C43515

Re: Her Majesty the Queen (Respondent) – and – Ferdo Pavlovic (Appellant)

Before: Weiler, Armstrong and Jurainsz JJ.A.

Counsel: Joseph DiLuca, for the appellant Susan Magotiaux, for the respondent

Heard & Endorsed: February 28, 2006

On appeal from the decision of the Summary Conviction Appeal Court dated May 2, 2005 by Justice Peter H. Howden of the Superior Court of Justice, dismissing the appeal from the conviction entered on May 10, 2004 by Justice Bruno Cavion of the Ontario Court of Justice.

Appeal Book Endorsement

[1] Notwithstanding the appellant’s counsel’s submissions, we have not been persuaded that the trial judge fell into the error of determining credibility based solely on the demeanour of the witnesses. The trial judge looked at all of the evidence. He recognized the inconsistencies in the evidence. He held that none of the defence evidence, either individually or cumulatively, raised a reasonable doubt. He also considered the evidence of the complainant’s son that tended to confirm the core of the complainant’s evidence that the appellant pushed her down the stairs. While the reasons could have been more fulsome, we agree with the Summary Conviction Appeal Judge that they do not disclose a W.(D.) error. Accordingly the appeal is dismissed.