Court File and Parties

CITATION: R. v. Dodge, 2011 ONCA 631

DATE: 20111006

DOCKET: C53067

COURT OF APPEAL FOR ONTARIO

Goudge, Armstrong and Rouleau JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

William Henry Dodge

Appellant

Jason H. Voss, for the appellant

David Friesen, for the respondent

Considered in writing: October 3, 2011

On appeal from the decision of the summary conviction appeal court dated November 23, 2010 by Justice T. David Little of the Superior Court of Justice, dismissing the appeal from the conviction entered on November 6, 2009, by Justice Gregory A. Pockele of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] In our view, this proposed appeal does not raise an issue of law but one of mixed fact and law. It turns entirely on the particular facts and does not engage the interest of the general administration of justice. Moreover the trial was not unfair to the appellant. He had disclosure of the notes which were very close to the will say statements.

[2] Finally the challenged remark by the trial judge was no more than an attempt to help a self represented accused. All these issues were addressed by the summary conviction appeal court.

[3] Leave is denied.