CITATION: R. v. Cutting, 2007 ONCA 731
DATE: 20071023
DOCKET: C46433
COURT OF APPEAL FOR ONTARIO
DOHERTY, BLAIR JJ.A. and THEN R.S.J. (ad hoc)
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
WADE CUTTING
Appellant
Gregory Lafontaine for the appellant
James V. Palangio for the respondent
Heard: October 18, 2007
On appeal from the conviction entered by Justice Klein of the Ontario Court of Justice on November 24, 2006.
APPEAL BOOK ENDORSEMENT
[1] This was a close case. Counsel for the appellant has fully reviewed with us the relevant evidence. We are satisfied that it was open to the trial judge to conclude that the totality of the information relied on by the officer did provide adequate grounds upon which to make the breath demand.
[2] The other grounds of appeal adduced in the factum were not urged in oral argument. We would not give effect to those arguments.
[3] The appeal is dismissed.