Court File and Parties

CITATION: R. v. Fonseca, 2011 ONCA 473

DATE: 20110622

DOCKET: C52607

COURT OF APPEAL FOR ONTARIO

Goudge, Juriansz and MacFarland JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Jose Fonseca

Appellant

Counsel: Christopher Hicks and Kristin Bailey, for the appellant Joan Barrett, for the respondent

Heard: June 20, 2011

On appeal from the conviction entered on April 7 and May 7, 2010, and the sentence imposed on May 11, 2010, by Justice Lawrence Klein of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] In our view the trial judge did not use the appellant’s silence as a basis for his disbelief of the appellant’s evidence. Rather he contrasted the appellant’s explanation for the accident given at trial with his very different story given at the scene – a story he has since rejected – and his explanation for giving that false story. The trial judge did not err in using this contrast as a basis for disbelieving the appellant’s evidence.

[2] The appeal is dismissed.

“S.T. Goudge J.A.”