Court File and Parties

Citation: R. v. Murphy, 2008 ONCA 180

Date: 20080312

Docket: C46677

Court of Appeal for Ontario

Sharpe, Armstrong and Watt JJ.A.

Between:

Her Majesty the Queen

Respondent

and

Suzanne Murphy

Appellant

Counsel:

Graham T. Clark for the appellant

Nadia Thomas for the respondent

Heard & released orally: March 11, 2008

On appeal from the judgment of Justice Robert G.S. Del Frate of the Superior Court of Justice dated January 19, 2007, dismissing a summary conviction appeal from the conviction entered by Justice W.G. Mahaffy of the Ontario Court of Justice dated February 23, 2005

Endorsement

[1] We see no error of law that would justify this court’s intervention. We do not accept the submission that the summary conviction appeal judge erred by rejecting the contention that the trial judge reversed the burden of proof or ignored requirements of R. v. (W.)D. As the summary conviction appeal judge pointed out, the trial judge provided an adequate analysis of the evidence and of his reasons for accepting the evidence of Ms. Miller and rejecting the evidence of the complainant and convicting the complainant. Read as a whole, the trial judge’s reasons demonstrate the route he took to his verdict and demonstrate that he was aware of the various versions offered as to the cause of the complainant’s injuries. He was aware of and applied the proper burden of proof and, in the end, the appellant’s evidence did not give rise to a reasonable doubt. He concluded that on the evidence as a whole, the Crown had proved the appellant’s guilt beyond a reasonable doubt.

[2] We see no merit in the argument that the summary conviction appeal judge erred by failing to provide adequate reasons for dismissing the submission that the trial judge erred by relying on evidence of prior discredible conduct. As we read the trial judge’s reasons, evidence of prior discredible conduct played no role in his assessment of the evidence.

[3] Accordingly, leave to appeal is granted, but the appeal is dismissed.

“Robert J. Sharpe J.A.”

“R.P. Armstrong J.A.”

“David Watt J.A.”