Court of Appeal for Ontario

Date: 2018-02-15 Docket: C61187 Judges: MacPherson, Huscroft and Trotter JJ.A.

Between

Her Majesty the Queen Respondent

and

Lionel Wallace Appellant

Counsel

Lionel Wallace, in person Dan Stein, duty counsel Grace Choi, for the respondent

Heard: February 5, 2018

Appeal Information

On appeal from the conviction entered on September 21, 2015 and the sentence imposed on September 21, 2015 by Justice D.A. Harris of the Ontario Court of Justice, sitting without a jury.

Appeal Book Endorsement

[1] The appellant raises two arguments in appealing his convictions for break and enter, and failure to comply with probation. First, he submits that the trial judge erred in failing to consider his specific circumstances in assessing his credibility and whether he intended to enter the daycare for the purpose of committing an offence. Second, he submits that the trial judge erred in relying on his after-the-fact conduct in fleeing from the daycare as evidence of his intention to commit the offence.

[2] In our view, the trial judge was alive to the appellant's personal circumstances and considered them in making his credibility findings. At the end of the day, the trial judge simply did not believe the appellant and rejected his evidence. There is no basis for this court to interfere with the trial judge's credibility findings.

[3] As for the appellant's after-the-fact conduct, it was open to the trial judge to find that it was circumstantial evidence consistent with the appellant's guilt. The trial judge rejected the appellant's evidence and found that it did not leave him with a reasonable doubt. He found that the Crown had proven the case beyond a reasonable doubt. He made no errors in doing so.

[4] Accordingly, the conviction and sentence appeals are dismissed.