Court File and Parties

Citation: R. v. Da Silva, 2010 ONCA 180

Date: 2010-03-09

Docket: C50939

Court of Appeal for Ontario

Before: Doherty, Blair and Watt JJ.A.

Between:

Her Majesty the Queen (Respondent)

and

Rodney Da Silva (Appellant)

Counsel: Fergus J. (Chip) O’Connor, for the appellant Robert Gattrell, for the respondent

Heard: March 8, 2010 On appeal from the sentence imposed by Justice W.A. Jenkins of the Superior Court of Justice dated January 30, 2009.

Appeal Book Endorsement

[1] We would not admit the fresh evidence:

1. It was available at trial;

2. It is entirely inconsistent with the defence actually advanced by the appellant at trial; and

3. The fresh evidence consists of the wife’s affidavit. Even as of today, the appellant has not claimed that he was provoked.

[2] The proffered evidence does not merit the criteria for admissibility on appeal.

[3] The sentence imposed at trial was fit. Leave to appeal granted and the appeal dismissed.