Court of Appeal for Ontario

CITATION: R. v. Anglin, 2016 ONCA 939

DATE: 20161214

DOCKET: C56908

Simmons, van Rensburg and Miller JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Anton Kerwin Anglin

Appellant

Counsel:

Monte MacGregor, for the appellant

Michelle Campbell, for the respondent

Heard: December 7, 2016

On appeal from the convictions entered on June 28, 2011 and the sentence imposed on May 15, 2012 by Justice Michael R. Dambrot of the Superior Court of Justice, sitting without a jury.

APPEAL BOOK ENDORSEMENT

[1] The trial judge provided detailed and complete reasons for his two key factual conclusions: 1) that the stolen vehicle that was apprehended in the church parking lot was also the vehicle involved in the two prior incidents, including the drive-by shooting; and 2) that the appellant was in the car for all three incidents, i.e., the initial street confrontation, the drive by-shooting and the stop in the church parking lot. On appeal, the appellant claims these findings were unreasonable because there was differing evidence concerning the number of occupants in the vehicle during the first two events. He also argues that there is an insufficient link between the stolen car and the shooting. Finally, he argues that the saliva and fingerprint evidence is insufficient to place him in the car at the time of the shooting.

[2] We reject these arguments. The trial judge identified a constellation of direct and circumstantial evidence that supported the findings he made and, based on that constellation of evidence, he considered and eliminated alternative inferences. We see no reason to interfere.

[3] The appeal is dismissed.