Court File and Parties

CITATION: R. v. Watts, 2007 ONCA 271

DATE: 20070416

DOCKET: C43948

COURT OF APPEAL FOR ONTARIO

GOUDGE, LANG AND ROULEAU JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

And

RANDELL WATTS

Appellant

Counsel: Ken Anders for the appellant Megan Stephens for the respondent

Heard and released orally: April 5, 2007

On appeal from the conviction entered by Justice G. Gage of the Ontario Court of Justice dated May 3, 2005.

ENDORSEMENT

[1] The appellant raises only the issue of unreasonable verdict. In our view, there was ample evidence from which the trial judge could conclude as he did, that the appellant’s car struck the bus, that he was the operator, and that his ability to operate the car was impaired.

[2] As to his impairment, the principal ground focussed on by the appellant, the evidence includes the strong odour of alcohol on the appellant’s breath, his admission that he had too much to drink and blacked out, the evidence that he had alcohol in his blood, that the damage to his car was significant, and that there was no evidence that the road at the spot of the accident was slippery or that driving visibility was poor. All this is more than sufficient to sustain the verdict.

[3] The appeal must be dismissed.

"S.T. Goudge J.A."

"S. E. Lang J.A."

"Paul Rouleau J.A."