Court of Appeal for Ontario

Citation: R. v. Peters, 2015 ONCA 529

Date: 2015-07-10

Docket: C58852

Before: Strathy C.J.O., MacPherson and Benotto JJ.A.

Between

Her Majesty the Queen

Respondent

and

Wesley Peters

Appellant

Counsel:

Robert C. Sheppard, for the appellant

Michael Perlin, for the respondent

Heard: July 10, 2015

On appeal from the conviction entered on June 14, 2013 by Justice A. Thomas McKay of the Ontario Court of Justice.

ENDORSEMENT

[1] The appellant was convicted of assault, assault with a weapon (a knife), and breach of recognizance by Justice A.T. McKay of the Ontario Court of Justice. The appellant appeals only his conviction for assault with a weapon.

[2] During a concerted beating of the complainant by three men in a private residence in London, one of the men (called "Muncey"), pulled out a knife and stabbed the complainant. There is no issue that the appellant was one of the men involved in the beating. Nor is it contested that the appellant did not stab the complainant.

[3] The appellant asserts that the trial judge erred in reaching this conclusion:

I infer that Mr. Peters would have had knowledge of the knife in possession of one of his companions, and the intention to use it as part of the assault. Therefore, I find that he was a party to the charge of assault with a weapon.

The appellant contends that this conclusion is based on speculation, not proper drawing of inferences from the evidence.

[4] We do not accept this submission. There was strong evidence that the appellant was the lead attacker throughout a fairly lengthy beating. When Muncey pulled out the knife, he announced that he was going to use it on the complainant. The appellant did not stop Muncey; indeed he continued in his part of the beating.

[5] In our view, the evidence was overwhelming. There was a plan to beat the complainant because he was perceived as a 'rat', having testified against an associate of the three attackers in a previous court proceeding. The appellant was the leader throughout the beating. Muncey's use of the knife was clearly visible to the appellant and he did nothing to stop the stabbing. Indeed, he kept beating the complainant. At a minimum, this brings his conduct within the wording of s. 21(2) of the Criminal Code.

[6] The conviction appeal is dismissed. The appellant formally abandoned his sentence appeal.

"G.R. Strathy C.J.O."

"J.C. MacPherson J.A."

"M.L. Benotto J.A."