CITATION: R. v. Steeves, 2010 ONCA 711

DATE: 20101026

DOCKET: C51463

COURT OF APPEAL FOR ONTARIO

Rosenberg, Simmons and Blair JJ.A.

BETWEEN:

Her Majesty The Queen

Respondent

and

Diane Steeves

Applicant (Appellant)

Patrick John Leckey, for the appellant

Robert Gattrell, for the respondent

Leo A. Kinahan, for Constable Ashley Plumb

Heard and endorsed: October 25,2010

On appeal from conviction by Justice O’Connor of the Superior Court of Justice, sitting as a Summary Conviction Appeal Judge, dated December 1, 2009, upholding the conviction entered by Justice S. M. Nicklas of the Ontario Court of Justice, dated February 24, 2009.

APPEAL BOOK ENDORSEMENT

[1] The appellant has not made out a case for leave to appeal. The Milne issue, while perhaps important in the abstract, does not arise on the facts of this case where the trial judge found numerous more compelling reasons for rejecting the appellant’s evidence. The other issues raised do not warrant leave. The appeal judge’s reasons were responsive to the issues raised and sufficient to meet the Sheppard test in the appeal context. With the rejection of the appellant’s testimony the actus reas and mens rea were made out and there was no reasonable excuse for refusal.

[2] The proposed fresh evidence could not possibly have affected the verdict and would not have been admissible had leave been granted.

[3] Accordingly leave to appeal is refused.