CITATION: R. v. Wiggins, 2008 ONCA 878
DATE: 20081222
DOCKET: C47000
COURT OF APPEAL FOR ONTARIO
Doherty, Rosenberg and Cronk JJ.A.
BETWEEN:
Her Majesty the Queen
Respondent
and
Alan Bruce Wiggins
Appellant
Robert J. Reynolds, for the appellant
Leanne Salel, for the respondent
Heard: December 11, 2008
On appeal from the conviction entered by Justice R.G. Byers of the Superior Court of Justice, dated October 3, 2006 and the sentence imposed on October 3, 2006.
APPEAL BOOK ENDORSEMENT
[1] Despite counsel’s able arguments, we would dismiss this appeal. The trial judge accepted the complainant’s evidence that he hid in his home after the alleged incident on the second day. Having accepted that part of the complainant’s evidence, the trial judge was entitled to draw reasonable inferences. That is what he did in finding that the threat was made.
[2] We see no contradiction between the conviction and the acquittal on the charges relating to the alleged threat on the day before. The trial judge was not prepared to accept the complainant’s evidence where it was contradicted by credible evidence. There was no such contradictory evidence in relation to the complainant’s testimony in respect of the alleged threat on the second day.
[3] The appeal is dismissed.