Court of Appeal for Ontario

CITATION: R. v. Williams, 2011 ONCA 398

DATE: 20110520

DOCKET: C50753

Winkler C.J.O., Moldaver and Simmons JJ.A.

BETWEEN

Her Majesty The Queen

Respondent

and

William Jack Williams

Appellant

Counsel:

Phil Downes, for the appellant

William J. Williams, in person

Amy Alyea, for the respondent

Heard and endorsed: May 16, 2011

On appeal from conviction entered by Justice J. Stephen O’Neill of the Superior Court of Justice, sitting with a jury, dated June 17, 2009.

APPEAL BOOK ENDORSEMENT

[1] In our view, this appeal must be allowed and a new trial ordered on the three counts on which the appellant was convicted.

[2] Evidence was led improperly at trial that the appellant refused to respond to police questions about the location of a key to the gun cabinet. This evidence was repeated by the trial judge in his charge to the jury when he described the position of the Crown. It appears as well that the Crown failed to disclose a property report that might reasonably have assisted the appellant in his defence of the gun storage charges. The convictions for the two gun storage offences must therefore be set aside.

[3] In the light of the adverse inference the jury may have drawn about the appellant’s credibility from the evidence concerning the appellant's failure to co-operate with the police, we are unable to say that this evidence did not affect the jury's assessment of his credibility on the assault charge.

[4] Accordingly the convictions are quashed and a new trial ordered. Particularly in the light of the trial judge's comments concerning the resources already expended on this matter, the Crown will no doubt seriously consider whether it is advisable to pursue this matter any further.

“Janet Simmons J.A.”