Court File and Parties

CITATION: R. v. Douthart, 2009 ONCA 324

DATE: 20090420

DOCKET: C47839

COURT OF APPEAL FOR ONTARIO

Rosenberg, Borins and Simmons JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

and

David Ross Douthart

Appellant

Counsel:

Frank Miller, for the appellant

Dallas Mack for the respondent

Heard and endorsed: April 17, 2009

On appeal from the summary conviction by Justice T. Patterson of the Superior Court of Justice dated September 27, 2007.

APPEAL BOOK ENDORSEMENT

[1] The role of the summary conviction appeal court was limited to determining whether the finding that the complainant was in fear was reasonable. The trial judge found that there was circumstantial evidence to support a finding of fear. The appeal court judge was satisfied that there was evidence to support that finding and accordingly that the finding was not unreasonable. The reasons were adequate for that purpose. The minor misstatement of the evidence respecting sleepless nights did not undermine the correctness of the appeal judge’s finding. In any event, we are entirely satisfied that the finding that the complainant was in fear was not unreasonable.

[2] Accordingly, while leave to appeal is granted the appeal is dismissed.