Court of Appeal for Ontario

CITATION: R. v. Riddle, 2011 ONCA 275

DATE: 20110408

DOCKET: C51022

Before: Rosenberg, Juriansz and LaForme JJ.A.

BETWEEN

Her Majesty The Queen

Respondent

and

James Riddle

Appellant

Counsel:

Brian Snell, for the appellant

Tracy Kozlowski, for the respondent

Heard and endorsed: April 5, 2011

On appeal from the decision of Justice Kenneth Pedlar of the Superior Court of Justice, sitting as a summary conviction appeal judge, dated October 20, 2006, upholding the appellant’s conviction entered by Justice P. Megginson of the Ontario Court of Justice, dated April 25, 2005.

APPEAL BOOK ENDORSEMENT

[1] In our view, the verdict was not unreasonable. However, the trial judge not only did not mention the principles in W.(D.) but he did not apply that analysis and, for example, made no mention of the defence evidence that bore on the appellant’s culpability.

[2] Accordingly, the appeal is allowed, the conviction set aside and a new trial ordered on the charge of impaired operation.