Court of Appeal for Ontario

Date: 2017-09-05 Docket: C63414

Judges: Watt, Epstein and Brown JJ.A.

Between

Her Majesty the Queen Respondent

and

William Brown Appellant

Counsel

Jessica Abou-Eid, for the appellant

Katherine Beaudoin, for the respondent

Heard and released orally: September 5, 2017

On appeal from the conviction entered on August 28, 2015 by Justice Judith C. Beaman of the Ontario Court of Justice.

Reasons for Decision

[1] The appellant was convicted of several offences arising out of his conduct at a business premises owned and operated by his father. He appeals his convictions only.

[2] A brief description of the circumstances in which the offences are alleged to have been committed will provide the background necessary to appreciate the ground of appeal advanced.

[3] One day in June, the appellant arrived at his father's business premises in an agitated state. He demanded to see his father who was not then present. He directed his father's business partner to contact his father and have him come to the store immediately. He also directed the business partner to get everybody else out of the store. The partner complied.

[4] The business partner led the appellant outside of the business, locked the door behind him and called the appellant's father on a cellphone. When the business partner handed the appellant the phone, an angry conversation between the appellant and his father followed. The business partner then cautioned the appellant's father about coming to the store. The appellant tapped his waist area and made a gesture that led the business partner to believe that he was armed. The partner saw a glimpse of something silver as the appellant tapped his waist. He sent a text to the appellant's father about his observation and the need for caution.

[5] Unable to reason with the appellant, the business partner walked away. Within minutes, police arrived. The appellant walked around the front corner of the building. He was arrested and searched. No weapons. No phone. No keys. No metal objects were found during this search.

[6] At the rear of the building, police found a loaded silver handgun, under the bough of a tree but the weapon was otherwise uncovered.

[7] The appellant advances what we regard as a single ground of appeal, and that is that the verdict rendered by the trial judge is unreasonable and cannot be supported by the evidence adduced at trial.

[8] The case against the appellant was circumstantial in nature. The trial judge acknowledged this reality of the case for the Crown. As she was required to do, she considered the evidence as a whole. Having done so, she concluded, as she was entitled to do, that the evidence met the standard of proof required of Crown.

[9] We are satisfied that this is a case in which the trier of fact, acting judicially, could reasonably be satisfied that the appellant's guilt was the only reasonable conclusion on the totality of the evidence adduced at trial. It follows that the argument that the verdict is unreasonable fails.

[10] The appeal from conviction is dismissed.

"David Watt J.A."

"Gloria Epstein J.A."

"David Brown J.A."