Court Information

CITATION: R. v. Watson, 2009 ONCA 902

DATE: 20091217

DOCKET: C48431

COURT OF APPEAL FOR ONTARIO

Doherty, Rouleau and Watt JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Kareem Watson

Appellant

Counsel: Somboun Tsai and G. Filipovic, for the appellant Christopher Walsh, for the respondent

Heard: December 11, 2009 On appeal from the conviction entered by Justice M.F. Khoorshed of the Ontario Court of Justice dated August 1, 2007 and the sentence imposed on November 6, 2007.

APPEAL BOOK ENDORSEMENT

[1] This was essentially a one witness case. That witness gave direct evidence implicating the appellant. He did not testify. The trial judge was actively aware of the need to examine the witness’ evidence with caution because of her self-interest in implicating the appellant. He also appreciated that there was no confirmatory evidence. In our view, it was open to him to convict based on her evidence. The verdict is not unreasonable.

[2] Counsel carefully took us through the trial judge’s reasons. We think it was open to the trial judge to take the timing of the witness’ initial statement to the police into consideration. It was also the trial judge’s job to weigh the significance of any inconsistencies between her evidence and her initial statements. He did so. Finally, he was entitled to consider her appearance in the video and her relationship with the appellant at that time in assessing her credibility.

[3] We see no reversible error in the trial judge’s analysis of the evidence.

[4] The appeal is dismissed.