Court of Appeal for Ontario

CITATION: R. v. Keating, 2015 ONCA 825

DATE: 20151127

DOCKET: C58810

Before: Simmons, van Rensburg and Benotto JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Dwayne Keating

Appellant

Counsel:

Michael Pasquale, for the appellant

Jason A. Gorda, for the respondent

Heard: November 26, 2015

On appeal from the conviction entered on April 17, 2014 by Justice Lucia Favret of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] We see no merit in this appeal. The trial judge thoroughly reviewed the principles relating to admissibility of the 911 recordings and the complainant’s signed statement to police as recorded in the investigating officer’s notebook under the principled exception to the hearsay rule. The appellant has demonstrated no error in the trial judge’s admissibility ruling.

[2] Moreover, we reject the appellant’s argument that the statements are entitled to little or no weight at the trial. The appellant’s arguments in this regard were considered and rejected by the trial judge. We see no error in her conclusion.

[3] The appeal is dismissed.