CITATION: R. v. Whalen, 2010 ONCA 712
DATE:20101026
DOCKET: C50030
COURT OF APPEAL FOR ONTARIO
Rosenberg, Cronk and MacFarland JJ.A.
BETWEEN:
Her Majesty The Queen
Respondent
and
Roderick Whalen
Appellant
Philip Norton, for the appellant
Eliott Behar, for the respondent
Heard and endorsed: October 22, 2010
On appeal from conviction entered by Justice H. McLean of the Ontario Court of Justice, dated September 10, 2008.
APPEAL BOOK ENDORSEMENT
[1] The conviction on refusing did not depend on accepting the police evidence. The appellant’s own evidence established both the actus reas and mens rea of the offence. The trial judge was entitled to accept this evidence and find, as he did, that the appellant did not want to provide adequate samples.
[2] Appeal dismissed.