Court of Appeal for Ontario

Citation: R. v. Bressette, 2010 ONCA 449

Date: 20100616

Docket: C51784

Before: Rosenberg, Rouleau and Epstein JJ.A.

Between:

Her Majesty The Queen

Respondent

and

Niall Bressette

Appellant

Counsel: Jill Gamble, for the appellant Michelle Campbell, for the respondent

Heard and endorsed: June 14, 2010 On appeal from conviction by Justice Julia A. Morneau of the Ontario Court of Justice, dated September 18, 2009.

APPEAL BOOK ENDORSEMENT

[1] The appellant’s principal submission is that the trial judge misapprehended the evidence and, in particular, erred in finding that the appellant’s statement to the police was inconsistent with his testimony. We do not agree. It was open to the trial judge to find that the statement was inconsistent with the testimony, especially having regard to the appellant’s own testimony concerning the interpretation of the statement.

[2] The other issues raised by the appellant are questions of fact and it was open to the trial judge to make the findings she did.

[3] The trial judge gave lengthy and complete reasons. She explained her findings of fact. We see no basis for interfering.

[4] Accordingly, the appeal is dismissed.