Court of Appeal for Ontario

CITATION: R. v. Ranieri, 2009 ONCA 6

DATE: 20090106

DOCKET: C48700

BEFORE: Moldaver, Borins and Blair JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

and

Daniele Ranieri

Appellant

COUNSEL:

Christopher Hicks for the appellant

Linda A. Shin for the respondent

Heard and endorsed: January 5, 2009

On appeal from conviction by Justice Fisher of the Ontario Court of Justice dated December 4, 2007 and sentence imposed dated January 4, 2008.

APPEAL BOOK ENDORSEMENT

[1] The sole ground of appeal from conviction on the charge of pointing a firearm is whether there was a basis in the evidence upon which the trial judge could find that the “gun” produced by the appellant was a “firearm”.

[2] In our view, there was sufficient evidence upon which the trial judge could make the requisite finding, including:

(1) the description of the gun offered by the victim and his friend;

(2) the description by the victim and his friend of the loading of the gun;

(3) the circumstances of aggression and the appellant’s threats and violent behaviour; and

(4) the appellant’s statement that he would return in several days and shoot the victim and his friend and/or their property.

[3] In these circumstances, absent any evidence from the appellant, were satisfied that the trial judge was entitled to find that the gun in question was a firearm.

[4] Accordingly, the appeal from conviction is dismissed.

[5] The appeal from sentence is tied to the conviction appeal. The appellant concedes that it must fail if the conviction appeal is unsuccessful. In view of our conclusion on the conviction appeal, leave to appeal sentence is denied.