Court of Appeal for Ontario

CITATION: R. v. Tabbara, 2011 ONCA 272

DATE: 20110407

DOCKET: C51167

Moldaver, Simmons and Blair JJ.A.

BETWEEN

Her Majesty The Queen

Respondent

and

Mohammad Jihad Tabbara

Appellant

Counsel: James Foord and Nigel Marshman, for the appellant Karen Shai, for the respondent

Heard and endorsed: March 31, 2011

On appeal from conviction entered by Justice Jennifer Blishen of the Superior Court of Justice dated April 28, 2009.

APPEAL BOOK ENDORSEMENT

[1] The sentence appeal is dismissed as abandoned.

[2] With respect to conviction, the trial judge was entitled to draw the inferences she drew based on the videotape and the record before her. To the extent there may be some argument over the inferences she drew in relation to the third interaction, in our view, her overall conclusion that the appellant’s blow met the legal test for causation, i.e. that it at very least, significantly contributed to the rupture, is amply supported by the record.

[3] Accordingly, the appeal is dismissed.