Court of Appeal for Ontario

Citation: R. v. Musoni, 2009 ONCA 829

Date: 20091124

Docket: C50265

Before: Moldaver, Goudge and Sharpe JJ.A.

Between:

Her Majesty the Queen

Respondent

And

Bernard Musoni

Appellant

Counsel:

Bernard Musoni, in person

Alexandra Campbell, for the respondent

Heard and endorsed: November 19, 2009

On appeal from the decision of Justice Bruce Durno of the Superior Court of Justice, on a summary conviction appeal, dated March 19, 2009, upholding the conviction by Justice M. F. Khoorshed dated May 9, 2007.

APPEAL BOOK ENDORSEMENT

[1] We have looked at the fresh evidence and it does not add anything of substance to the case. Accordingly, we would not admit it.

[2] If leave to appeal is required, we would grant it.

[3] As to the merits of the appeal, we see no error in Justice Durno’s analysis or conclusion. In particular, we agree with his assertion that in cases of this nature, “the prudent course … would have been for the judge to hear an overview or summary of the circumstances.”

[4] In the circumstances here, as indicated, we are satisfied that there was a sufficient basis on which to grant the peace bond.

[5] Accordingly, the appeal is dismissed.