CITATION: R. v. Noddle, 2009 ONCA 207

DATE: 20090305

DOCKET: C49516

COURT OF APPEAL FOR ONTARIO

Laskin, Blair and Watt JJ.A.

BETWEEN

Her Majesty the Queen

Appellant

and

Danny Noddle

Respondent

Andreea Baiasu, for the appellant

No on appearing for the respondent

Heard: March 4, 2009

On appeal from a judgment of Justice Edward Belobaba of the Superior Court of Justice dated September 25, 2008, dismissing certiorari upholding the order of Justice Harvey M. Salem of the Ontario Court of Justice dated March 20, 2008, discharging the respondent.

APPEAL BOOK ENDORSEMENT

[1] We agree with the Crown that the preliminary inquiry judge committed a jurisdictional error in weighing the competing inferences, instead of focusing on whether the inferences sought by the Crown were available on the evidence. In our view, the cumulative effect of the evidence supports a committal for trial on all charges.

[2] Accordingly, the appeal is allowed, the decision of the appeal court judge is set aside and the matter remitted to the preliminary inquiry judge with a direction that the respondent be committed to stand trial on all charges.