Court File and Parties

CITATION: R. v. Young, 2008 ONCA 174

DATE: 20080311

DOCKET: C47874

COURT OF APPEAL FOR ONTARIO

LASKIN, FELDMAN and SIMMONS JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

TERRENCE YOUNG

Appellant

Counsel: Mangesh Duggal for the appellant Deborah Calderwood for the respondent

Heard and released orally: March 3, 2008

On appeal from the conviction entered and the sentence imposed by Justice Bernard M. Kelly of the Ontario Court of Justice on August 31, 2007

ENDORSEMENT

[1] The appellant appeals his two convictions for assault and the sentence of fourteen months less four months credit for pre-trial custody. The appellant makes two submissions on his conviction appeal.

[2] First, he submits that the trial judge failed to take into account several pieces of evidence, which were relevant to the complainant’s reliability or to the appellant’s credibility. Second, the appellant submits that the trial judge failed to give adequate reasons for accepting the complainant’s evidence.

[3] We do not accept either submission. In our view, the evidence that the appellant referred to either was not material to the trial judge’s assessment of the reliability and credibility of the parties’ testimony or was not ignored by the trial judge. The reasons were brief but in the context of this trial permitted meaningful appellate review. Accordingly, the conviction appeal is dismissed.

[4] The sentence was fit and therefore, although leave to appeal sentence is granted, the sentence appeal is also dismissed.

“John Laskin J.A.”

“K. Feldman J.A.”

“Janet Simmons J.A.”