CITATION: R. v. Graham, 2008 ONCA 46

DATE: 20080123

DOCKET: C47886

COURT OF APPEAL FOR ONTARIO

DOHERTY, GILLESE and EPSTEIN JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

WILLIAM GRAHAM

Appellant

W. John McCulligh for the appellant

Colleen Hepburn for the respondent

Heard: January 17, 2008

On appeal from the order of Justice K. Langdon of the Superior Court of Justice dated January 2, 2007.

APPEAL BOOK ENDORSEMENT

[1] We see no error in law in the reasons of the Summary Conviction Appeal Court judge. He properly held that the trial judge did not err in his consideration of the evidence of the appellant as it related to the amount he drank. The reasons for rejecting that evidence were open to the trial judge. Nor was his approach to the evidence relating to the “blowing over” charge inconsistent with approach to the evidence or the impaired driving charge. Each charge required its own assessment of the evidence relevant to the particular charge and that is what the trial judge did.

[2] The appeal is dismissed.