Court of Appeal for Ontario

CITATION: R. v. Junior, 2007 ONCA 401

DATE: 20070528

DOCKET: C46046

ROSENBERG, SIMMONS AND ARMSTRONG JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Appellant

and

SIDNEY ABRAHAM, JR.

Respondent

Jeanette Gevikoglu for the appellant

Joseph Richard Forget for the respondent

Heard and Endorsed Orally: May 11, 2007

On appeal from the judgment of Justice D.C. Shaw of the Superior Court of Justice, sitting as a summary conviction appeal judge, dated September 14, 2006, setting aside the conviction and sentence by Justice R. D. Clarke of the Ontario Court of Justice dated November 15, 2005.

E N D O R S E M E N T

[1] The circumstances under which an appellate court will set aside a guilty plea are not fixed. Ultimately, the court must have regard to the public interest including the administration of justice. The summary conviction appeal court judge had the advantage of Ms. Hardy’s evidence as well as the extensive video taped statement from the complainant. He also had the distinct advantage of being in the region and was aware of local circumstances.

[2] We have not been persuaded that there was an error of law. Accordingly the appeal is dismissed.

Signed: “M. Rosenberg J.A.” “Janet Simmons J.A.” “Robert P. Armstrong J.A.”