Court of Appeal for Ontario

Citation: R. v. Broome, 2009 ONCA 271

Date: 20090327

Docket: C48056

Before: Goudge, Cronk and LaForme JJ.A.

Between:

Her Majesty the Queen Respondent

and

Dale Emerson Broome Appellant

Counsel: Howard L. Krongold, for the appellant Linda A. Shin, for the respondent

Heard and endorsed: March 25, 2009

On appeal from the conviction entered by Justice W. J. Lloyd Brennan of the Superior Court of Justice dated September 6, 2007 and from the sentence imposed by Justice Brennan dated November 23, 2007.

APPEAL BOOK ENDORSEMENT

[1] The appellant challenges three of his convictions.

[2] As to the first conviction, there was no error in the trial judge accepting the daughter’s evidence that she saw her mother pushed down the stairs as corroboration of the complainant’s evidence.

[3] The appeal of this conviction fails.

[4] As to the second conviction, given their past relationship the trial judge could properly disbelieve the accused’s evidence that he acted without knowing he was assaulting the complainant. The appeal of this conviction also fails.

[5] As to the third conviction the trial judge correctly recited the appellant’s evidence, and properly found it did not raise a reasonable doubt. This appeal fails as well.

[6] Given that all convictions stand the appellant advances no basis for altering the sentence. In our view there is none.

[7] The conviction appeals are dismissed. Leave to appeal sentence is denied.