R. v. Abram, 2009 ONCA 723

CITATION: R. v. Abram, 2009 ONCA 723

DATE: 20091015

DOCKET: C45469

COURT OF APPEAL FOR ONTARIO

MacPherson, Rouleau and Epstein JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

And

Ricci Lee Abram

Appellant

COUNSEL:

Robert Sheppard, for the appellant

Christine Tier, for the respondent

Heard: October 13, 2009

On appeal from the conviction imposed by Justice D.R. McDermid of the Superior Court of Justice sitting with a jury, dated September 23, 2005.

APPEAL BOOK ENDORSEMENT

[1] The appellant appeals his conviction for the first degree murder of 17-month-old Riley Talon Blackbird-Riley.

[2] The appellant contends that the trial judge did not adequately explain the difference between intent and motive in relation to the sexual component of the appellant’s assault on Riley. We disagree. The trial judge specifically instructed the jury about the appellant’s intent or purpose in sexually assaulting Riley. He also carefully reviewed the evidence, including in detail the appellant’s explanation that the assault on Riley’s genitals was to inflict pain, not for any sexual gratification.

[3] The appellant submits that the trial judge did not adequately instruct the jury about a possible break between the sexual assault and the assaults which led to Riley’s death. We disagree. The trial judge’s instruction on this issue was accurate. Moreover, at a factual level, all of the assaults on Riley took place in a very short period of time. The reality was that all of the assaults were part of an uninterrupted continuum.

[4] Finally, we note that the trial judge carefully reviewed his charge with counsel and that there were no objections to the charge. In our view, the charge was impeccable.

[5] The appeal is dismissed.