Court of Appeal for Ontario

CITATION: R. v. Gatenby, 2009 ONCA 827

DATE: 20091124

DOCKET: C46424

BEFORE: Moldaver, Goudge and Sharpe JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

and

Elizabeth Gatenby

Appellant

COUNSEL:

Vincenzo Rondineli and Lori-Anne Thomas, for the appellant

Lucy Cecchetto, for the respondent

Heard and endorsed: November 19, 2009

On appeal from conviction by Justice C. Anne Tucker of the Superior Court of Justice, sitting with a jury, dated May 17, 2006

APPEAL BOOK ENDORSEMENT

[1] We agree with the trial judge that there was no air of reality on the evidence that could support a finding of manslaughter against the appellant.

[2] As for the ground relating to choice of counsel, it was open to the trial judge to rule as she did and we agree with both her analysis and conclusion. In our view, her reasons were exemplary.

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