R. v. Przywala, 2009 ONCA 227

CITATION: R. v. Przywala, 2009 ONCA 227

DATE: 20090313

DOCKET: C43852

COURT OF APPEAL FOR ONTARIO

Doherty, Feldman and Cronk JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Tadeusz Przywala

Appellant

Counsel:

Timothy E. Breen, for the appellant

Karen Papadopoulos, for the respondent

Heard: March 12, 2009

On appeal from the conviction entered by Justice P. Newton of the Ontario Court of Justice dated May 4, 2005 and the sentence imposed on July 7, 2005.

APPEAL BOOK ENDORSEMENT

[1] We are satisfied that the decision to allow the Crown to advance an alternative theory of liability based on the appellant’s statement was not unfair to the appellant. Nor did the alternative theory take the Crown’s allegations out of the scope of the transaction described in the charge in the information.

[2] Having regard to the totality of the circumstances, we cannot say that the trial judge acted unreasonably in concluding that the appellant’s assault on the victim objectively considered created a risk of bodily harm.

[3] The appeal is dismissed.