Court of Appeal for Ontario

Citation: R. v. Snider, 2012 ONCA 119

Date: 2012-02-21

Docket: C53650

Judges: Laskin, Blair JJ.A. and Brown R.S.J (Ad Hoc)

Between:

Her Majesty the Queen Respondent

and

Jesse Lee Snider Appellant

Counsel:

Vincenzo Rondinelli, for the appellant

Jennifer Woollcombe, for the respondent

Heard: February 16, 2012

On appeal from the conviction entered on September 23, 2010 and the sentence imposed on February 3, 2011 by Justice Michael J. Epstein of the Ontario Court of Justice, sitting without a jury.

APPEAL BOOK ENDORSEMENT

[1] The sentence appeal is dismissed as abandoned. On his appeal from his conviction for aggravated assault, the appellant argues that the trial judge misapplied s. 34(2) and s. 37 of the Criminal Code. We disagree.

[2] The trial judge properly applied these provisions and made findings of fact that fully justified his rejection of self-defence. For the trial judge the critical time in the unfolding of the dispute between the complainant and the appellant was when the appellant got out of the car. At that point, the trial judge found that the appellant became the aggressor and self-defence was no longer available.

[3] On the conviction for possession of a weapon dangerous to the public peace, it was implicit, if not explicit, in the trial judge’s reasons that once the appellant got out of the car his purpose for possession of the knife changed from a lawful one to a dangerous one.

[4] The conviction appeal is dismissed.