R. v. Roksandic, 2009 ONCA 183

CITATION: R. v. Roksandic, 2009 ONCA 183

DATE: 20090302

DOCKET: C47768

COURT OF APPEAL FOR ONTARIO

O’Connor A.C.J.O., Rosenberg and Goudge JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

and

Mihajlo Roksandic

Appellant

Counsel:

Dragi Zekavica, for the appellant

Brad Greenshields, for the respondent

Heard and orally released: February 26, 2009

On appeal from the conviction entered by Justice J. Ramsay of the Superior Court of Justice dated July 30, 2007 and the sentence entered on September 12, 2007.

ENDORSEMENT

[1] We see no error in the manner that the trial judge considered, weighed and assessed the evidence of the Crown witnesses and the appellant. While he did not strictly follow the formulaic approach in W.(D.), he did fairly consider all of the evidence, including that of the appellant, and concluded that the Crown had proved the offence beyond a reasonable doubt. There was ample evidence to support the trial judge’s finding that the appellant’s excessive speed and manner of driving was a cause of the accident. We see no basis to interfere with the conviction and, accordingly, the appeal against conviction is dismissed.

[2] As to sentence, we are satisfied that having regard to the trial judge’s findings with respect to the appellant’s driving, including his finding that the appellant was racing, the sentence was entirely fit. Accordingly, we would grant leave to appeal sentence but the appeal against sentence is dismissed.

“Dennis O’Connor A.C.J.O.”

“M. Rosenberg J.A.”

“S.T. Goudge J.A.”