Court File and Parties

Citation: R. v. Campbell, 2007 ONCA 760

Date: 2007-11-07

Docket: C44130

Court of Appeal for Ontario

Moldaver, Sharpe and Blair JJ.A.

Between:

Her Majesty the Queen Respondent

and

Linval Alphonso Campbell Appellant

Counsel:

Sam Scratch for the appellant

Susan Ficek for the respondent

Heard and endorsed: November 5, 2007

On appeal from conviction by Justice Kofi Barnes of the Ontario Court of Justice dated April 8, 2005 and sentence imposed dated May 31, 2005.

Appeal Book Endorsement

[1] We are satisfied, reading the reasons as a whole, that the trial judge did not base the harassment conviction solely on the conduct that formed the subject matter of the other counts on which the appellant was convicted. In our view, he took into account the prior threatening phone calls, as well as the phone calls on July 29, 2004 and the fear those calls engendered in Ms. Wiles, and accepted her evidence on those matters in arriving at the conviction for harassment. Those findings were open to the trial judge and we see no basis for interfering with them.

[2] With respect to the failure of the Crown to call Mr. Tomlinson, we see no error in the way the trial judge addressed the fact that the Crown did not call him as witness. The trial judge was alive to the Crown’s burden to prove guilt beyond a reasonable doubt. He was also satisfied that there was ample evidence, most of it confirmatory, capable of .supporting the convictions, including those involving Mr. Tomlinson as a victim.

[3] Accordingly, the appeal for conviction is dismissed. The appeal from sentence is dismissed as moot.