Court File and Parties

CITATION: R. v. Gibson, 2009 ONCA 555

DATE: 20090707

DOCKET: C49373

COURT OF APPEAL FOR ONTARIO

Doherty, Feldman and MacFarland JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Robert Gibson

Appellant

Counsel: Phil Downes, for the appellant Alexandra Campbell, for the respondent

Heard: June 29, 2009 On appeal from the conviction entered by Justice Barnes of the Ontario Court of Justice dated May 7, 2008 and the sentence imposed on June 2, 2008.

APPEAL BOOK ENDORSEMENT

[1] In our view, it was open to the trial judge on the record to conclude that the defence witness had failed to offer an explanation for what the trial judge determined was an important inconsistency in the evidence. It was for the trial judge to decide what impact that failure should have on the witness’s credibility and we see no ground for interference by this court.

[2] The appeal is dismissed.