Court of Appeal for Ontario

CITATION: R. v. Perrault, 2015 ONCA 105

DATE: 20150212

DOCKET: C57570

BEFORE: Doherty, Cronk and LaForme JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Jason Albert Perrault

Appellant

COUNSEL:

Mark Halfyard and Breana Vandebeek, for the appellant

Michael Fawcett, for the respondent

HEARD: February 11, 2015

On appeal from the conviction entered by Justice Main of the Ontario Court of Justice, dated May 2, 2012 and the sentence imposed on August 14, 2012.

APPEAL BOOK ENDORSEMENT

[1] The trial judge’s reasons were responsive to the argument at trial and his description of the relationship between the complainant and the appellant was grounded in the evidence and an appropriate consideration in addressing the defence position that the complainant had attempted to “frame” the appellant.

[2] We consider the potential cogency of the fresh evidence in the context of the trial record. We do not accept that the proposed fresh evidence could reasonably undermine the credibility of the complainant on the material issues. The fresh evidence is not admitted.

[3] The appeal is dismissed.