R. v. Chan, 2010 ONCA 650

CITATION: R. v. Chan, 2010 ONCA 650

DATE: 20101005

DOCKET: C51063

COURT OF APPEAL FOR ONTARIO

Weiler, MacPherson and Armstrong JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Sarorn Chan

Appellant

Brian Snell, for the appellant

Michal Fairburn, for the respondent

Heard and released orally: October 4, 2010

On appeal from the conviction entered on June 29, 2009, and the sentence imposed on August 25, 2009, by Justice Ian B. Cowan of the Ontario Court of Justice.

ENDORSEMENT

[1] The appellant appeals his conviction for aggravated assault by Cowan J. of the Ontario Court of Justice on June 29, 2009. He also appeals his custodial sentence of one year.

[2] The appellant contends that the trial judge misapprehended the evidence about the appellant’s role in the gang attack on the complainant and did not provide sufficient reasons for his conclusion that the appellant’s own testimony did not raise a reasonable doubt about his guilt.

[3] We disagree. The central fact of this case, properly relied on by the trial judge, was that the appellant gave two voluntary statements to different police officers explicitly acknowledging his role in the assault on the only victim who was attacked on the night in question. The trial judge’s interpretation of these statements, and the other evidence, amply supported his conviction of the appellant.

[4] The appellant abandoned his ground of appeal relating to his right to pre-trial silence.

[5] Finally, we see no reason to interfere with the sentence. The assault on the complainant was a sudden, vicious one by a substantial number of people. The trial judge openly considered the appellant’s rehabilitation but, in the end, imposed a one-year custodial sentence. We regard this as a fit sentence.

[6] The appeal is dismissed.

“K. M. Weiler J.A.”

“J. C. MacPherson J.A.”

“Rob P. Armstrong J.A.”