CITATION: R. v. Corrigan, 2007 ONCA 43

DATE: 20070125

DOCKET: C42862

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – DAVID CORRIGAN (Appellant)

BEFORE:

CATZMAN, MacPHERSON and GILLESE JJ.A.

COUNSEL:

Crystal E. Tomusiak

for the appellant

Christine Tier

for the respondent

HEARD & ENDORSED:

January 25, 2007

On appeal from the conviction entered on October 15, 2004, and the sentence imposed on December 4, 2004, by Justice Albert J. Roy of the Superior Court of Justice, sitting without a jury.

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

[1] The appeal against sentence was abandoned.

[2] Counsel relied on her factum on the s. 11(b) argument. On this subject, we agree with the trial judge’s analysis and conclude that there was no violation of the appellant’s right to a trial within a reasonable time under that subsection.

[3] On the subject of credibility, the trial judge correctly stated and applied the W.D. analysis and made no error in finding as he did.

[4] On the subjects of dangerous driving and failure to stop for the police, the trial judge understood and concluded that the necessary elements of the offences had been established. On this record, there was ample evidence that justified him in reaching these conclusions.

[5] The appeal against conviction is dismissed.