Court File and Parties

CITATION: R. v. Williams, 2008 ONCA 664

DATE: 20081001

DOCKET: C46035

COURT OF APPEAL FOR ONTARIO

O'Connor A.C.J.O., Juriansz and MacFarland JJ.A.

BETWEEN

Her Majesty The Queen

Respondent

and

Courtney Williams

Appellant

Counsel:

Apple Newton-Smith, for the appellant

Andreea Baiasu, for the respondent

Heard and released orally: September 19, 2008

On appeal from the conviction entered on June 2, 2005, and the sentence imposed on June 22, 2005, by Justice Mary L. Benotto of the Superior Court of Justice.

ENDORSEMENT

[1] In response to a request from the jury the trial judge read the portion of a witness’s examination-in-chief requested by the jury. The sole issue in this appeal is whether the trial judge erred in failing to read all or a portion of the appellant’s counsel’s cross-examination of the witness.

[2] Although given ample opportunity, counsel for the appellant did not identify any portions of the cross-examination that he submitted should be read to the jury nor did he ask that the whole cross-examination be read. In effect he provided no assistance to the trial judge.

[3] After reading the portion of the examination-in-chief requested by the jury as well as the parts of the cross-examination requested by a co-counsel, the trial judge reminded the jury of the extensive cross-examination of the witness by appellant’s counsel. She then restated the appellant’s theory that the witness had colluded with others in fabricating her entire description of the events.

[4] We see no prejudice or unfairness to the appellant in the approach taken by the trial judge. Accordingly the appeal against conviction is dismissed. The appellant did not pursue the sentence appeal.

“D. O’Connor A.C.J.O.”

“J. MacFarland J.A.”

“R. Juriansz J.A.”