Court of Appeal for Ontario

Date: 2018-10-11 Docket: C64245

Judges: Simmons, Rouleau and Huscroft JJ.A.

Between

Her Majesty the Queen Respondent

and

Rodney Calvin Brown Appellant

Counsel

Matthew Gourlay, as duty counsel Rodney Calvin Brown, appearing in person Jessica Smith Joy, for the respondent

Heard: October 3, 2018

Appeal Book Endorsement

[1] The trial judge concluded that the downstairs occupant of the house who was originally co-accused with the appellant was not a witness for whom a Vetrovec warning would have been required had he been hearing this case with a jury. We see no basis on which to find the trial judge erred in the exercise of his discretion whether to formally self-instruct in accordance with Vetrovec. His reasons demonstrate that he took her status as a co-accused into account in assessing her credibility and fully considered the defence submissions concerning her motivation to fabricate. However, he found her evidence honest and forthright and aspects of her testimony were supported by other evidence. Further, he gave ample reasons for rejecting the defence theory of planting evidence.

[2] The appeal is dismissed.